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John Lilburne

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Misrepresentation and anticipatory breach

law updates

Craig Beauman keeps you informed of the latest developments in topics across the A-level specifications

CLG and others v Chief Constable of Merseyside Police (2015)

In line with recent cases such as Michael v Chief Constable of South Wales Police (2015) the Court of Appeal has restated the liberal immunity that the police can enjoy during alleged careless investigation and/or handling of crimes. Here, the appellants were witnesses in a case being prosecuted by the respondents. Following violent threats made against them, the appellants had refused to give evidence and had relocated for fear of reprisals. Wishing to pursue the evidence, the police had issued summonses to the appellants. In the summonses their new address was recorded, and following a breach of protocol within the Crown Prosecution Service (CPS), was made available to the accused’s solicitor, who had passed it on to the accused. In consequence, the appellants sued the respondents in negligence and for breach of Articles 2 and 8 of the European Convention on Human Rights (ECHR).

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John Lilburne

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Misrepresentation and anticipatory breach

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