Michael & others v The Chief Constable of South Wales Police & another

[2015] UKSC 2
UKSC 2013/0043
Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents)
On appeal from the Court of Appeal (Civil Division) (England and Wales)
This case related to whether the police were liable in negligence and/or in relation to article 2 of the European Convention on Human Rights in respect of the death of a woman, Miss Michael, following the mishandling of 999 calls she made on the night she was killed. The police accept that the handling of the calls was seriously defective. Miss Michael’s estate and family raised claims in negligence and in terms of article 2 of the European Convention on Human Rights against the two police forces involved. At first instance, the claims were allowed to proceed but the Court of Appeal awarded summary judgment in favour of the police on the negligence claim and ruled that the Article 2 ECHR claim should proceed to trial. The appellants appealed to the Supreme Court on the negligence claim and the respondents appealed against the Court of Appeal decision on the Article 2 ECHR claim.
The Supreme Court dismisses the Appellants’ appeal by a majority of 5-2 (Lady Hale and Lord Kerr dissenting) and unanimously dismisses the Respondents’ cross-appeal. Lord Toulson (with whom Lord Neuberger, Lord Mance, Lord Reed and Lord Hodge agree) gives the lead judgment. Lady Hale and Lord Kerr give separate judgments both allowing the Appellants’ appeal (in dissent) and dismissing the Respondent’s cross-appeal.