[2013] EWCA Civ 1252

The positive duty on police to avert a risk to life and protect individuals from physical violence under the European Convention on Human Rights 1950 art.2 and art.3 was not limited to identified or identifiable victims; where the police were informed of an incident of violent disorder the duty might arise regardless of whether they knew or ought to have known the names or identities of actual or potential victims of the criminal activity, and it made no difference that the risk arose during an incident which had already started.

CA (Civ Div) (Lord Dyson (MR), McFarlane LJ, Sharp LJ)

18/10/2013