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Article Review » GradesGroom
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Article Review

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Article Review

The article discusses the challenges of police negligence and non-liability of the police in such situations. The author acknowledges that establishing the duty of care in negligence between the police and the citizens is extensively complex. Nonetheless, a plethora of reviewed cases concerning negligence leading to harm indicates that courts are quick to protect the police, this amounts to a de facto resistance from litigation. Even though such protection appear to be conflicting with the common law values and to some extent violate the claimant’s right to fair hearing (guaranteed in the article 6 of the European Convention on Human Rights), the use of public policy employed in justifying the judicial denial of duty of care indicate that it is evidently being practiced. The court has been complicit in defending the police while ignoring the susceptible civilians.

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