It will be awards for consequential losses special damages and, more than that, costs, which are generally no less in a human rights claim than a common law action. And as much as Lord Kerr states that he does not believe it to be a serious prospect that every burglary, car theft or fraud will result in an action under the Human Rights Act , what is certain is that litigation will seek to push as far as possible the now blurred boundaries of when an article 3 claim can be brought. The police will likely consider settlement of cases due to the risk of damages, public embarrassment and high levels of costs, perhaps even where the alleged breaches lie close to the margins.
This blog does not seek to take a political position on the judgment, although it notes the immediate concerns that will arise from a police perspective. We have heard voices start to articulate that there should be a form of no-fault liability or damages and costs capping for clinical negligence claims against the NHS.
Now that liability for both human rights and negligence claims against the police have been expanded by the Supreme Court, expect to hear, soon, similar calls from cash-strapped chief constables. Follow EGoldLdn. Elliot Gold egold serjeantsinn.
James Berry jberry serjeantsinn. Police liability for failures in criminal investigations.
Criminal Investigative Failures
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- Session 4: Criminal Investigative Failures - School of Criminology - Simon Fraser University.
- Criminal Investigative Failures by D. Kim Rossmo.
- Valentines Secret Child (Mills & Boon Cherish) (Bravo Family Ties, Book 9).
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- Police liability for failures in criminal investigations.
- Criminal investigative failures / [edited by] D. Kim Rossmo - Details - Trove;
Rossmo, Kim. Rossmo, K.
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