- The majority of the Supreme Court have once again concluded that the police owe no duty of care in negligence to members of the public who suffer harm at the hands of criminals.
- However, the case of Michael v Chief Constable of South Wales [2015] UKSC 2 has confirmed that, although there may be no claim in negligence, the police may still be liable for a breach of Article 2 of the European Convention on Human Rights (ECHR).
- Such claims can be brought in the domestic courts under the Human Rights Act (HRA) 1998.
- The police may be held liable to victims (or their families) for clear failures to prevent a potentially fatal incident of domestic violence of which they have received specific warning.