Refuge and Liberty intervene in domestic homicide Supreme Court case

Tuesday 29 July 2014

Refuge and Liberty are intervening in a Supreme Court case, beginning today, which aims to remove the immunity which protects the police from claims of negligence. Rajeev Thacker is representing the two organisations.

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The case is being brought by the family of Joanna Michael, who was killed by her former partner on 5 August 2009. Joanna had called the police twice on the night she was murdered but her call was mishandled and, by the time the police got to her house, she was dead. In 2010, an Independent Police Complaints Commission investigation found that Joanna had been failed by Gwent Police and South Wales Police. Joanna’s family are claiming damages against these two police forces, but the Court of Appeal struck out their claim for negligence because the law currently protects the police from negligence claims. Refuge and Liberty are intervening to argue against this immunity.

The police have also launched an appeal against the Court of Appeal’s decision to allow a claim under the Human Rights Act (HRA) to proceed to trial. Refuge and Liberty, who think that this should proceed to trial, are supporting Joanna’s family in arguing against this appeal by the police.

For further details about this case, please see Liberty’s press release.

The case has been reported by the BBC and via Wales Online.

Rajeev is instructed by Sarah Ricca of Deighton Pierce Glynn. He is instructed alongside Karon Monaghan QC.

Rajeev Thacker is a member of Garden Court’s Inquests Team, the Claims Against the Police and Public Authorities Team and the Public and Administrative Law Team.

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