this case, ECtHR criticised English law test.
action in negligence against police failed for reasons of public policy –
held to owe no duty of care.
then took case ECtHR.
held that police immunity rule was contrary to Article 6 of ECHR.
applied proportionality test.
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.