Smith v. Chief Constable of Sussex Police [2009], facts = Smith attacked with claw hammer by ex-boyfriend and suffered fractured skull and brain damage Smith had informed police of series of violent, abusive and threatening phone, text and e-mail messages including death threats Chief Constable of the Hertfordshire Police (Original Appellant) and Cross-respondent) v Van Colle (administrator of the estate of GC (deceased)) and another (Original Respondents and Cross-appellants) Smith (FC) (Respondent) v Chief Constable of Sussex Police … No distinction was made in law between loss of consciousness within seconds followed by death within minutes and death within seconds. Smith v Superintendent of Woking Police [1983] Crim LR 323. Alexandrou v Oxford; Hill v Chief Constable of West Yorkshire – Police – duty to protect life – Article 2 European Convention on Human Rights – whether police liable to a member of the public for failure to arrest a person who subsequently attacked a member of the public. The Judge struck out the claim on the ground that there was no sufficient relationship of proximity between Mr Smith and the police, and his claim should not be entertained on public policy grounds. Smith then ended the relationship and Jeffrey assaulted him. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. Start studying Tort. A constable was 30 yards away from the entrance to a club, from which he saw a man ejected. Alexandrou v Oxford; Hill v Chief Constable of West Yorkshire – Police – duty to protect life – Article 2 European Convention on Human Rights – whether police liable to a member of the public for failure to arrest a person who subsequently attacked a member of the public. Select which mailings you would like to receive from us. Later that morning Jeffrey arrived at Mr Smith’s house and attacked him with a claw hammer causing him serious and lasting injuries. Before the attack, the claimant had warned the police that Jeffrey had threatened to kill him, but – so the claimant alleged – the . No statement was taken. We acknowledge and pay our respect to the Traditional Owners of the land on which we work and live. The Human Rights Law Centre is endorsed as a Deductible Gift Recipient.Donations of $2 or more are tax deductible in Australia. The officers took no notes. Sometime later Smith moved away but maintained contact with Jeffrey. Since Osman had been decided it had become clear in cases involving the police that the very proximity of the parties could not only create a duty of care but could overcome the public policy considerations which would otherwise bar the claim. If the assumed facts were established, the Claimant was both a key witness to a serious offence of making threats to kill and the potential victim. Reinstatement for property damage losses – when does it apply? The issues. By the time the Human Rights Act came into force, the law of negligence did not bar actions against the police but recognised that it would be contrary to public policy to allow any to proceed which were not founded upon a high degree of proximity. Smith v Chief Constable Sussex Police House of Lords Facts C reported to the police that he had received persistent and threatening telephone, text and internet messages from his former partner following the break up of their relationship, including threats to kill him. The constable made no move to . The defendant entered the grounds of a private enclosed garden at 11 pm. No duty for police to check every single domestic concern. The UK Supreme Court noted in Smith v Chief Constable of Sussex Police that the approach to causation in claims based on Article 2 of the European Convention on Human Rights (ECHR) is “looser” than in negligence. Smith v Chief Constable of Sussex Police . We recognise that this land was and always will be Aboriginal and Torres Strait Islander land because sovereignty was never ceded. The next day, having received another series of explicit death threats from Jeffrey went to a London police station (staying in London for safety) when officers contacted the Brighton police. Index. It dismissed the claim in negligence brought against the Chief Constable of Northumbria Police. There was a fight involving cries and screams and the man was beaten and kicked to death in the gutter outside the club. 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