#duty #law #negligence #tort
In Osman v UK an application was made to the ECHR on the basis that there had been a breach of Article 6 (the right to a fair trial). The ECHR upheld the complaint. They said that the Court of Appeal had failed to consider the case on its own merits, that the litigant had been denied a full hearing and that the immunity given to the police was disproportionate in comparison to the infringement of the claimant’s human rights.
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