Osman v UK [1998] ECHR 101

Human rights: Claims against the police post Robinson and DSD – part two

In the second part of a two-part analysis, John-Paul Swoboda outlines the decision in Commissioner of Police of the Metropolis v DSD and looks at the wider impact on claims against the police ‘The case for the claimants was that as the state has a duty under Art 3 to conduct an effective investigation into …

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Abuse: Protecting children with the help of the Human Rights Act

Kim Harrison explains the importance of the Human Rights Act in neglect and sexual exploitation cases ‘In this case, the court was forced to consider the competing human rights of both sides, weigh up and balance whose rights should be paramount, and clearly came down on the side of protecting of this vulnerable child and …

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Case Report: DSD, NBV v The Commissioner of Police for the Metropolis [2014] EWHC 436 (QB)

Assault; Human Rights Act 1998; police investigation ‘The question for the learned judge to decide was whether, in a case where the police themselves were not culpable for the actual violence perpetrated, the Human Rights Act 1998 imposed a duty for failing to investigate.’ The case involved claims for declarations and damages by two of …

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