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#duty #law #negligence #tort
In Van Colle v Chief Constable of Hertfordshire Constabulary [2008] UKHL 50 the victim was killed days before he was due to give evidence for the prosecution in a criminal trial. Instead of bringing a negligence action his parents sought to base their claim against the police on a breach of Article 2 ECHR (right to life). The claim failed because they were unable to satisfy the test established in Osman v UK that the police ‘knew or ought to have known, with the information available at the time, that there was a real and immediate threat to the life of an identified individual’ (Van Colle v UK (2013) EHRR 23)
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