Osman v United Kingdom [1999] Crim LR 82 ECtHR

Negligence – duty of care – immunity from suit — European Convention on Human Rights – article 2 – article 6

For a breach of article 2, it had to be established that the authority knew or ought to have known at the time of the existence of a real and immediate risk to the victim. A blanket immunity to instigate civil proceedings (against the police) was a breach of article 6(1) and amounted to an unjustifiable restriction on the right to have the merit of one’s claim determined. In this case, the application of the rule constituted a disproportionate restriction on the applicants’ right of access to a court and was therefore a breach of article 6.

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