Osman v UK (1998)

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