IN THE COURT OF APPEAL
BETWEEN:
LEDWORTH POLICE FORCE
‘Appellant
-AND-
LEYMAN AND ERY
Respondents
SKELETON ARGUMENT ON BEHALF OF THE APPELLANT
GROUND (1)
Author
Hill v Chief Constable of Yorkshire (1988) 2 WLR 1049
Smithy Chief Constable of Sussex Police {2008} 3 W.LR. 593
Ovnan y UK (1998) 29 EHRR 245
Ground _of Appeal
‘The Appellant did not owe the chimants ake Leyman and Philp Fry) a duty of care, in which
‘they were allegedly in breach of by not providing adequate protection 10 Pat Leyman (“the
victim”).
‘Submis sions
1. Following the House of Lords, in Hill v West Yorkshire Police, the police do not owe a duty
of care to protect members of the public at no special or particular risk of harm therefore the
Appellant is not lab for dammges arising fiom the victim's murder.
A common law negligence chim shoull not be allowed against the Appellant in the interest
of the wider community. The majority in Smithy Chief Constable of Sessex Police should. be
followed, and Lord Bingham’s “lability principle” should dsr garded.
3. The Appelant did not fal to provide “adequate protection” to the victim according the
guidance provided by the Commission in. Osman v UK.
Conclusion
No-duty shoukl imposed on the core functions of the police, therefore the decision to award
damages should be reversed.
Mustafa. Khan, 2 February 2015