Van Colle & Anor v Hertfordshire Police

Van Colle & Anor v Hertfordshire Police

The police, through DC Ridley, failed to take reasonable and necessary steps to protect Giles Van Colle from a real and immediate risk to his life, of which they knew or ought to have known, in breach of Article 2 ECHR. This failure was causative of his death. The quantum of damages awarded by the High Court was excessive compared to Strasbourg jurisprudence and was reduced accordingly.

Parties
Claimant/respondent: Irwin Van Colle (Administrator of the Estate of Giles Van Colle deceased); Claimant/respondent: Corinne Van Colle; Defendant/appellant: Chief Constable of the Hertfordshire Police
Jurisdiction
England and Wales
Judgment Date
24 April 2007
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal on liability dismissed; appeal on quantum allowed in part
Legal Topics
Right to Life (article 2 Echr), State Liability, Witness Protection, Damages Under Human Rights Act, Causation in Human Rights Breach
Human Rights Law Police Law Tort Law Right to Life (article 2 Echr) State Liability Witness Protection Damages Under Human Rights Act Causation in Human Rights Breach

Case Brief

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Parties

Irwin Van Colle (Administrator of the Estate of Giles Van Colle deceased)

Claimant/respondent

Corinne Van Colle

Claimant/respondent

Chief Constable of the Hertfordshire Police

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the police breached their positive obligation under Article 2 ECHR to protect the life of Giles Van Colle
  2. 2 Whether the police's failure was causative of Giles Van Colle's death
  3. 3 Appropriate quantum of damages for breach of Article 2 ECHR

Ratio Decidendi

The police, through DC Ridley, failed to take reasonable and necessary steps to protect Giles Van Colle from a real and immediate risk to his life, of which they knew or ought to have known, in breach of Article 2 ECHR. This failure was causative of his death. The quantum of damages awarded by the High Court was excessive compared to Strasbourg jurisprudence and was reduced accordingly.

Court Disposition

Appeal on liability dismissed; appeal on quantum allowed in part

Orders

  • Award of damages reduced to £10,000 to the estate and £7,500 to each parent
  • Costs to be paid by the appellant as previously ordered