In
this case, ECtHR criticised English law test.
this case, ECtHR criticised English law test.
Domestic
action in negligence against police failed for reasons of public policy –
action in negligence against police failed for reasons of public policy –
Police
held to owe no duty of care.
held to owe no duty of care.
Plaintiff
then took case ECtHR.
then took case ECtHR.
ECtHR
held that police immunity rule was contrary to Article 6 of ECHR.
held that police immunity rule was contrary to Article 6 of ECHR.
ECtHR
applied proportionality test.
applied proportionality test.
Found
that because immunity rule did not allow other public interest considerations
to be taken into account which might favour a finding of liability, such as the
degree of negligence and degree of harm, immunity was disproportionate.
that because immunity rule did not allow other public interest considerations
to be taken into account which might favour a finding of liability, such as the
degree of negligence and degree of harm, immunity was disproportionate.
