This column relates to the tort of negligence topic in AQA AS Unit 2 and A2 Unit 4 and OCR A2 Unit G157, and has particular relevance for the AQA A2 Unit 4 concepts of law topics of law and justice, fault and judicial creativity.
This appeal to the Supreme Court arose from the brutal murder of Joanna Michael by a former partner, which might have been prevented had the police responded quickly to an emergency call made by Ms Michael. The parents and children of the victim brought a claim for damages for the tort of negligence and for a breach of the right to life in Article 2 of the European Convention on Human Rights (ECHR). The case raised a central legal question of public importance: should the police have legal liability in tort for the death of a person caused by the criminal acts of a third party?
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