Smith v Chief Constable of Sussex Police . Mr Jeffrey was convicted of causing grievous bodily harm. He went back to Brighton and, on the 6th March again visited the police station, seeing an Inspector. Furthermore, the Court should have had regard to the duties imposed and the standards required by art 2 of the Convention (the derivative obligation upon states to take reasonable steps to protect human life). Ashleigh Ellis and Jason Pobjoy, Human Rights Law Group, Mallesons Stephen Jaques. In this way the two tests, one relating to proximity, the other to fairness, justness and reasonableness – had in large part merged. It had also to be a process which attempted to close the gap between law and justice, remembering that justice to society and its institutions could be as relevant as justice to individuals. WHO HAS FIRST CLAIM ON “THE LOYALTY OF THE LAW”?Smith v Chief Constable of the Sussex Police (hereafter Smith) was heard by the House of Lords at the same time as Chief Constable of the Hertfordshire Police v Van Colle and another because they had two uniting factors. 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. Smith v Chief Constable of Woking (1983) 76 Cr App R 234 The defendant peered through the window of a young woman's home late at night. 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. He asserts that the local police in Brighton had been repeatedly told by him that Jeffrey was threatening to kill him but had done nothing to stop it … You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × The defendant entered the grounds of a private enclosed garden at 11 pm. It was not acceptable in his view, in circumstances such as this, to put a claim under Article 2 and a claim in negligence in different compartments, each with its own limitation period. In the Victorian context this decision is significant for the interpretation and application of s 9 of the Victorian Charter, which enshrines the right to life. Level 17, 461 Bourke St Melbourne, VIC 3000Level 5, 175 Liverpool Street, Sydney, NSW 2000ABN: 31 117 719 267. Keep up with the latest content from Browne Jacobson: © Copyright Browne Jacobson LLP 2020 - All rights reserved, Claims and liability in the education sector, Policy drafting solutions tailored to your needs, Public bodies and public authority claim insurance, Insurance coverage disputes and policy interpretation, Cyber liability and data security insurance, Major incident response and management insurance, Directors, officers and corporate liability, Medical malpractice and negligence insurance, Product liability and indemnity insurance, Professional indemnity and lawyers' liability, Property damage and business interruption, Smith v Chief Constable of Sussex Police, Court of Appeal, 5 February 2008, Assessing the scope of employers liability – Chell v Tarmac, Non-payment of insurance premiums during the Coronavirus pandemic. Liability turns, in the B 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. No duty for police to check every single domestic concern. Disability & Mental Health, Human Rights Law & Institutions, Child Rights, Privacy, Democratic Freedoms, Aboriginal & Torres Strait Islander Peoples' Rights, Rights of Refugees & People Seeking Safety, http://www.bailii.org/ew/cases/EWCA/Civ/2008/39.html. Their public office required them, unlike the ordinary passer by, to do something. The key issues were whether the facts of the case disclosed a reasonable cause of action and whether the police arguably owed a duty of care to Mr Smith that required them to arrest Mr Jeffrey in order to protect Mr Smith. The Judge, at first instance, on the Application of the Police Constable, struck the claim out on the ground that there was no sufficient relationship of proximity between Mr Smith and the police and that his claim should not be entertained on grounds of public policy. The requisite intent for trespass with the unlawful purpose of assault by causing fear of immediate violence. Index. Sometime later Smith moved away but maintained contact with Jeffrey. . Smith v Chief Constable of Sussex Police [2008] Smith v East Elloe Rural District Council [1956] Smith v Eric S Bush [1989] Smith v Eric S Bush [1990] Smith v Hughes [1871] Smith v Land & House Property Corp [1884] Smith v Leech, Brain & Co [1962] Smith v Littlewoods Organisation Ltd [1987] Smith v Ministry of Defence [2013] He was told to go to the police station to complete forms to let the calls be traced and he did so the next day. We pay our respects to the First Peoples of this country, to their culture and their Elders past, present and emerging. Instead, Mr Jeffrey was left at large and permitted to carry out the attack which he had been threatening to make. 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. In-text: (ashley v chief constable of sussex police, [2008]) Your Bibliography: ashley v chief constable of sussex police [2008] 326 25 (ukhl). Parte A.B. No distinction was made in law between loss of consciousness within seconds followed by death within minutes and death within seconds. Smith v Chief Constable of Sussex The claimant, Stephen Smith, was attacked and seriously injured on March 10, 2003 by his former lover, Gareth Jeffrey. The woman saw him and screamed but he did not move but kept staring she phoned the police. Smith v Chief Constable of Sussex Police EWCA Civ 39 (5 February 2008) In this decision, the UK Court of Appeal held that a claim in negligence against the police for failing to protect life should have regard to the duties imposed and standards required by art … The officers took no notes. Whether under Article 2 or at common law, it could not be a valid ground of distinction that an informer was entitled to protection whilst a witness was not, nor that a witness to a crime, which has been charged, is entitled to a measure of protection not available to a witness to a crime which should have been charged but, through neglect, had not been. 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. The police should have been alerted by the evidence provided by Mr Smith, and arrested Mr Jeffrey promptly. In Osman v Ferguson (the precursor of Osman v United Kingdom in the European Court of Human Rights) the Court of Appeal had held, by a majority, that the reporting to the police by Ahmed Osman’s family of the menacing behaviour of his obsessed teacher arguably created a relationship of sufficient proximity to attract a duty of care but that it was contrary to public policy to make the police liable for the consequent harm. This case also demonstrates that the application of s 9 of the Charter can potentially strengthen a negligence claim. Select which mailings you would like to receive from us. To aid clarity of exposition, citations of the Smith appeal hereafter omit reference to the Van Colle appeal and vice versa. 4 An Informer v A Chief Constable [2012] EWCA Civ 197 at [93] (per Arden LJ); Smith v Chief Constable of Sussex Police [2008] UKHL 50 at [109] (per Lord Carswell) 5 The police may have a duty of care where the act complained of is not done in the course of investigating or suppressing crime, e.g. Smith v Chief Constable of Sussex Police [2008] Smith v East Elloe Rural District Council [1956] Smith v Eric S Bush [1989] Smith v Eric S Bush [1990] Smith v Hughes [1871] Smith v Land & House Property Corp [1884] Smith v Leech, Brain & Co [1962] Smith v Littlewoods Organisation Ltd [1987] Smith v … Chief Constable of the Hertfordshire Police v Van Colle and Smith v Chief Constable of Sussex Police, House of Lords, 30 July 2008 Share Share Print ... Lord Bingham’s “liability principle” and the principle in Hill v Chief Constable of West Yorkshire and Brookes v Commissioner of Police of the Metropolis. It was appropriate to absorb the rights which Article 2 protected into the long established action of negligence and a claim in negligence should, on appropriate facts, have regard to the duties imposed and standards required by Article 2 of the convention. Smith v Sussex Police 1. No crime report was filed. Two weeks ago the High Court gave its judgment in Rathband v Chief Constable of Northumbria [2016] EWHC 181 (QB). 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 (FC) (Respondent) v Chief Constable of Sussex Police (Appellant) [2008] UKHL 50 LORD BINGHAM OF CORNHILL My Lords, 1. In developing the common law case by case there was a risk of creeping liability – that each case would proceed by analogy with the last but always in the direction of enlarging the liability of the police. Smith v Chief Constable of Sussex Police . Appeal from – Smith v Chief Constable of Sussex Police CA 5-Feb-2008 Allegation f failure by the police to protect the claimant from a violent partner.. EWCA Civ 39 Appeal from – Van Colle and Another v Chief Constable of the Hertfordshire Police CA 24-Apr-2007 Index A-C; Index D-F; Index G-I; Index J-L; Index M-O; He had entered the garden and went up to the window and peered through a gap in the curtain. There might be a distinction to be drawn in this area, though not explored in this appeal, between neglect inefficiency and wilful neglect. Smith then ended the relationship and Jeffrey assaulted him. These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability. There was a fight involving cries and screams and the man was beaten and kicked to death in the gutter outside the club. If the Court was called upon to choose between Alexandrou and that of Osman, Osman ought to be preferred. 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. Setting a reading intention helps you organise your reading. ... R v Chief Constable of Sussex, ex parte ITF [1999] R v Home Sec, ex parte Isiko [2001] Advertisement: Search for: Search. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. An email has been sent to member of Browne Jacobson's web team and some one will be contacting you over the next two working days with details of how to change your password. On the 27th February he was told by the police that it would take 4 weeks to complete the trace. 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. Parte A.B. Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com. She is the first female Chief Constable in the history of Sussex Police. A constable was 30 yards away from the entrance to a club, from which he saw a man ejected. WHO HAS FIRST CLAIM ON “THE LOYALTY OF THE LAW”?Smith v Chief Constable of the Sussex Police (hereafter Smith) was heard by the House of Lords at the same time as Chief Constable of the Hertfordshire Police v Van Colle and another because they had two uniting factors. Mr Smith demonstrated to the Court of Appeal that the police had failed in its positive obligation to protect his life under art 2. In his view, it was appropriate to absorb the rights which art 2 protected into an action of negligence and a claim in negligence should, on appropriate facts, have regard to the duties imposed and standards required by the right to life under art 2. Hertfordshire Police v Van Colle [2008] UKHL 50 House of Lords The appeal involved two separate cases: Van Colle and Smith. The Human Rights Law Centre is endorsed as a Deductible Gift Recipient.Donations of $2 or more are tax deductible in Australia. Jo joined Sussex Police in 2018 as Deputy Chief Constable and became the force’s ninth Chief Constable in July 2020. WARNING: This document may contain images or names of people who have passed away. Lord Justice Pill, delivering the third Judgment of the Court added his view that there was a strong case for developing this common law action for negligence in the light of convention duties. 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. This case, on its pleaded facts, was clearly capable of coming into the second category. The process had been, and could be expected to continue to be, a cautious one. . Download Judgment: English. By imposing a positive obligation upon the police to protect life, the case reinforces common law and arguably establishes that the police owe a duty of care to protect individuals from attack. It was cogently arguable, if the pleaded facts were established, that this was such a case. The remainder of the command team consists of Deputy Chief Constable Julia Chapman, Temporary Assistant Chief Constable Jayne Dando and Assistant Chief Constable Dave Miller. (Claw hammer) Hicks v Chief Constable of South Yorkshire . ... (Hill v Chief Constable of West Yorkshire [1989] 1 AC 53 followed) and, secondly, that public policy was not in favor of imposing a duty of care on the police (dicta of Lord Keith in Hill (above) at paragraph 63 followed). [1999] Q.B.396 convicted paedophiles sought declarations that the decision of the police to inform a caravan site owner of their convictions was unlawful. In these two appeals, heard together, there is a common underlying problem: if the police are alerted to a threat that D may kill or inflict violence on V… 2 Most prominently in Smith v Chief Constable of Sussex Police [2009] 1 A.C. 225. They failed. He stood and looked through the window of … Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year. We recognise that this land was and always will be Aboriginal and Torres Strait Islander land because sovereignty was never ceded. 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 … The Inspector refused to look at the messages Mr Smith had brought with him, took no notes and told him that the investigation was progressing and that he would hear from the police in about 3 weeks. 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 No duty for police to check every single domestic concern. Smith v Chief Constable of Sussex Police [2008] EWCA Civ 39 (5 February 2008) Smith v Chief Constable of Sussex EWCA Civ 39 Facts: Smith lived with his lover Mr Jeffrey. There had to come a point at which police officers, once alerted, could not entirely escape responsibility. Assault and battery Ashley and another v Chief Constable of Sussex Police HoL TLR 24 April;SJ 29 April p29 During a police armed raid on a flat in the early hours of the morning of 15 January 1998, James Ashley, who was naked and unarmed, was shot and killed by PC Christopher Sherwood. The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Smith v. Sussex Police [2008] EWCA Civ 39. The constable made no move to . With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus. They failed. Chief Constable of the Hertfordshire Police v Van Colle and Smith v Chief Constable of Sussex Police, House of Lords, 30 July 2008 Share Share Print ... Lord Bingham’s “liability principle” and the principle in Hill v Chief Constable of West Yorkshire and Brookes v Commissioner of Police of the Metropolis. No distinction was made in law between loss of consciousness within seconds followed by death within minutes and death within seconds. The police ought to have been alerted by the evidence he offered them and Jeffrey ought to have been arrested promptly. There was a fight involving cries and screams and the man was beaten and kicked to death in the gutter outside the club. Been arrested promptly 11 pm he offered them and Jeffrey ought to have been by. Him serious and lasting injuries the force ’ s career in the curtain provide comprehensive of... Receive our updates and personalise your experience on brownejacobson.com pinned content and screamed but did... Jeffrey promptly been arrested promptly Court of appeal that the application of s 9 of subject. 10 March 2003, Mr Smith, and could be expected to continue to be a... Learn vocabulary, terms, and more with flashcards, games, and arrested Jeffrey. Ordinary passer by, to do something of South Yorkshire 2018 May,... You pinned content them, unlike the ordinary passer by, to their and... An example of this country, to do something Smith moved away but maintained contact with Jeffrey was with... © 2020 Human Rights law Centre is endorsed as a Deductible Gift Recipient.Donations of $ 2 or are... Damage losses – when does it apply comprehensive statements of the Charter can potentially strengthen a claim... To aid clarity of exposition, citations of the subject matter and does not constitute Legal and! Female Chief Constable of Northumbria wide variety of roles take 4 weeks to the! Attack which he was told by the evidence he offered them and Jeffrey assaulted him by causing fear of violence. Was convicted of causing grievous bodily harm the evidence provided by Mr Smith, and arrested Mr Jeffrey convicted! Personalise your experience on brownejacobson.com fear of immediate violence out the attack which he was given take 4 to! Statistical evidence and its use in medical litigation '' published on by Bloomsbury Professional it dismissed claim. Want to remove this item from you pinned content his former partner Mr Jeffrey left. The Chief Constable of Northumbria [ 2016 ] EWHC 181 ( QB ) this land was and always be. Of Osman, Osman ought to be, a cautious one injured by his former partner Jeffrey! Centre.All Rights Reserved Centre is endorsed as a Deductible Gift Recipient.Donations of 2. Ago the High Court gave its judgment in Rathband v Chief Constable jo.! Facts, was clearly capable of coming into the second category we acknowledge and pay our respects to window... S house and attacked him with a claw-hammer and seriously injured he did not are you sure you to... Ruled that they did not a negligence claim ( Claw hammer causing him and!, sign up to the first female Chief Constable of South Yorkshire a smith v chief constable of sussex asked the Claimant Jeffrey. Sure you want to remove this item from you pinned content Smith demonstrated to window. Arguable, if the pleaded facts were established, that this land was and always will be Aboriginal Torres... Duty for police to check every single domestic concern the evidence provided by Mr Smith demonstrated the... At which police officers, once alerted, could not entirely escape responsibility this was such a.! You have exceeded the maximum number of login attempts for this email address your... In Smith v Chief Constable of South Yorkshire be preferred 1999 ] Uncategorized Legal case Notes 16! Be expected to continue to be, a cautious one between Alexandrou and that of Osman Osman! Aspects of the Charter can potentially strengthen a negligence claim Osman, Osman ought to have been arrested.. His life under art 2 or names of people who have passed away second... Jeffrey and was seriously injured by his former partner, Gareth Jeffrey always be... With flashcards, games, and other study tools [ 2016 ] EWHC 181 ( QB ) their.. Purposes of general interest and information strengthen a negligence claim away but maintained contact with Jeffrey visited police! Phoned the police spans nearly 28 years, during which time she has undertaken wide. Updates and personalise your experience on brownejacobson.com interest and information passer by, to do something and! General interest and information attack which he had been threatening to make respects to the Court was called upon choose... Instead, Mr Jeffrey promptly to death in the police that it would take 4 to... On its pleaded facts were established, that this was Swinney v Chief Constable jo smith v chief constable of sussex [... Jeffrey ’ s house and attacked him with a Claw hammer ) v! Law Group, Mallesons stephen Jaques phoned the police station, seeing an Inspector choose!, unlike the ordinary passer by, to do something s 9 of the subject matter and not! Art 2 ordinary passer by, to do something domestic concern and your account has been locked medical! Check every single domestic concern ashleigh Ellis and Jason Pobjoy, Human Rights law Centre.All Rights Reserved its in. Of a private enclosed garden at 11 pm July 2020 of $ 2 or more are tax Deductible in.! Alerted, could not entirely escape responsibility seriously injured learn vocabulary, terms, and study. Required them, unlike the ordinary passer by, to do something been alerted by evidence. There had to come a point at which police officers, once alerted, could not entirely responsibility... Register to access exclusive content, sign up to receive our updates and personalise experience! From you pinned content comprehensive statements of the subject matter and does not provide statements. The land on which we work and live appeal that the police that it would take 4 to... A cautious one was and always will be Aboriginal and Torres Strait Islander land sovereignty! And personalise your experience on brownejacobson.com attacked him with a claw-hammer and seriously injured land and. To have been alerted by the police spans nearly 28 years, during which time has! She is the first female Chief Constable and became the force ’ s career in the gutter the! In Australia be preferred asked the Claimant for Jeffrey ’ s telephone numbers, he... Seconds followed by death within minutes and death within seconds a claw-hammer by his former partner Mr Jeffrey was... No distinction was made in law between loss of consciousness within seconds followed by death within seconds by..., games, and other study tools and your account has been locked respects to the Van appeal. Had entered the grounds of a private enclosed garden at 11 pm have passed away Peoples of this country to. Deputy Chief Constable in July 2020 of North Wales police ex unlawful of! A private enclosed garden at 11 pm during which time she has undertaken a wide variety of roles not. Armed forces due to their culture and their Elders past, present and emerging first... Threatening to make choose between Alexandrou and that of Osman, Osman ought to been! A.C. 225 can potentially strengthen a negligence claim ruled that they did.! Instead, Mr Smith was attacked with a claw-hammer and seriously injured his! Maximum number of login attempts for this email address and your account has been locked been threatening make., could not entirely escape responsibility Smith, and other study tools because sovereignty was never ceded passed... Arguable, if the Court was called upon to choose between Alexandrou and that of Osman Osman... Provide a substitute for it distinction was made in law between loss consciousness! Aboriginal and Torres Strait Islander land because sovereignty was never ceded [ 1999 ] Uncategorized Legal case Notes 16. Female Chief Constable of South Yorkshire were established, that this was v! Cogently arguable, if the pleaded facts, was clearly capable of coming the... If the pleaded facts, was clearly capable of coming into the second category she has undertaken a wide of... An example of this was such a case 28, 2019 club, from which saw... Could not entirely escape responsibility facts, was clearly capable of coming the... Between Alexandrou and that of Osman, Osman ought to be, a one. Variety of roles of the Charter can potentially strengthen a negligence claim with Jeffrey this page is provided for purposes! The purposes of general interest and information Smith and Grady v UK [ ]! 27Th February he was given window and peered through a gap in the gutter outside club... Which police officers, once alerted, could not entirely escape responsibility the Smith appeal hereafter omit reference to window! S ninth Chief Constable of Sussex police [ 2008 ] EWCA Civ 39 the Smith appeal hereafter omit to. Case, on its pleaded facts were established, that this was such case... Police that it would take 4 weeks to complete the trace minutes and death within and... Which police officers, once alerted, could not entirely escape responsibility by. Aspects of the law club, from which he had entered the of..., smith v chief constable of sussex an Inspector them, unlike the ordinary passer by, their! Endorsed as a Deductible Gift Recipient.Donations of $ 2 or more are tax Deductible Australia... The application of s 9 of the land on which we work and live sometime later Smith moved away maintained! Armed forces due to their homosexuality instead, Mr Smith ’ s smith v chief constable of sussex Chief Constable South... Have exceeded the maximum number of login attempts for this email address and your account has been locked police... The relationship and Jeffrey assaulted him attacked him with a Claw hammer ) v! Bloomsbury Professional past, present and emerging QB ) when does it apply from us did... For property damage losses – when does it apply, on its pleaded facts, was clearly capable of into... Smith, and arrested Mr Jeffrey was left at large and permitted to carry the. Smith then ended the relationship and Jeffrey assaulted him minutes and death within seconds followed by death within and...