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. 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. Smith then ended the relationship and Jeffrey assaulted him. It dismissed the claim in negligence brought against the Chief Constable of Northumbria Police. Hertfordshire Police v Van Colle [2008] UKHL 50 House of Lords The appeal involved two separate cases: Van Colle and Smith. Index. No crime report was filed. We recognise that this land was and always will be Aboriginal and Torres Strait Islander land because sovereignty was never ceded. She is the first female Chief Constable in the history of Sussex Police. Level 17, 461 Bourke St Melbourne, VIC 3000Level 5, 175 Liverpool Street, Sydney, NSW 2000ABN: 31 117 719 267. 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). 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. Parte A.B. Instead, Mr Jeffrey was left at large and permitted to carry out the attack which he had been threatening to make. An example of this was Swinney v Chief Constable of Northumbria. 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 It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. 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] The death threats continued to come. He had entered the garden and went up to the window and peered through a gap in the curtain. Reinstatement for property damage losses – when does it apply? Download Judgment: English. 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. It was cogently arguable, if the pleaded facts were established, that this was such a case. In this way the two tests, one relating to proximity, the other to fairness, justness and reasonableness – had in large part merged. Mr Jeffrey was convicted of causing grievous bodily harm. 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. It does not constitute legal advice and does not provide a substitute for it. [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. 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 . . This had to be guarded against. The defendant entered the grounds of a private enclosed garden at 11 pm. 4 days later a Constable asked the Claimant for Jeffrey’s telephone numbers, which he was given. On 10 March 2003, Mr Smith was attacked with a claw-hammer by his former partner Mr Jeffrey and was seriously injured. The decision is available at http://www.bailii.org/ew/cases/EWCA/Civ/2008/39.html. Ashleigh Ellis and Jason Pobjoy, Human Rights Law Group, Mallesons Stephen Jaques. 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 … The Court of Appeal held that the case should not have been struck out as the claim was not doomed to failure and it was arguable that the police owed Mr Smith a duty of care. To aid clarity of exposition, citations of the Smith appeal hereafter omit reference to the Van Colle appeal and vice versa. Download Judgment: English. Before the attack, the claimant had warned the police that Jeffrey had threatened to kill him, but – so the claimant alleged – the [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. 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 Van Colle case was brought under the Human Rights Act 1998 based on Art 2 (Right to life) of the Convention and did not raise the common law of negligence. 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. This was a consolidated appeal. His Lordship was of the opinion that, in the circumstances, it was not appropriate to put a claim under art 2 and a claim in negligence in different compartments, each with its own limitation period. This case also demonstrates that the application of s 9 of the Charter can potentially strengthen a negligence claim. In Alexandrou v Oxford, the Court of Appeal had held that a cursory inspection by police officers of premises to which they had been summoned by a burglar alarm, with the result that a burglary was not prevented, was insufficient to create a proximate relationship between the owner and the police. (Claw hammer) Hicks v Chief Constable of South Yorkshire . 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. 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… They failed. Jo joined Sussex Police in 2018 as Deputy Chief Constable and became the force’s ninth Chief Constable in July 2020. Jo’s career in the police spans nearly 28 years, during which time she has undertaken a wide variety of roles. The convention value relevant to this action was the right to life enshrined in Article 2, which obliged states to take reasonable steps to protect human life. 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. Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year. 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. 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 2 of the European Convention on Human Rights. Smith v Chief Constable of Sussex Police . 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. ... (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). We pay our respects to the First Peoples of this country, to their culture and their Elders past, present and emerging. 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. This attack demonstrated that the police had done little or nothing to protect Mr Smith and accordingly his appeal was upheld and the action reinstated. A constable was 30 yards away from the entrance to a club, from which he saw a man ejected. There had to come a point at which police officers, once alerted, could not entirely escape responsibility. The Judge, granting permission to appeal directed that the appeal be transferred to the Court of Appeal because it raised an important point of principle, namely, whether a negligence claim of this kind was now reinforced by the Human Rights Act. The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition. 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. 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. Mr Smith was out of time for suing for breach of his convention rights pursuant to Section 7 of the Human Rights Act 1998 and instead brought a claim in negligence in the Brighton County Court against the Sussex Police. The officers took no notes. 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. He went back to Brighton and, on the 6th March again visited the police station, seeing an Inspector. 2 Most prominently in Smith v Chief Constable of Sussex Police [2009] 1 A.C. 225. The process had been, and could be expected to continue to be, a cautious one. 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