- Podcast Location:
- Download it here [file size: 20.8 MB]
- Law Categories:
-
Human Rights
- CPD Points:
- One Point - details »
Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors and Barristers...
Regulated by the Solicitors Regulation Authority:
Listen and pass the test: Gain 1 accredited CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
Regulated by the Bar Standards Board:
Listen and pass the test, gain ½ an accredited CPD point (30 minutes)
Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- Standard rate: £25 - Corporate users will pay less.
- Length:
- 30 minutes of audio
(+ optional 5 minute accreditation test) - Streaming Audio:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
-
This course provides a detailed discussion of this recent case, and is aimed at lawyers practising in the fields of common law and/or human rights as an update, as well as those with an interest in either area.
- Outcomes:
- After completing the course you will:
- Understand detailed facts of the Van Colle case;
- Understand the legal issues involved in the case;
- Understand the legal and factual basis for the decision;
- Understand the discussion in the case of the comparison between a Human Rights claim and a claim brought under common law.
- Accredited CPD Time:
- 30 minutes
- Level:
- Intermediate
- Sources and References:
-
- Human Rights Act 1998;
- Van Colle and another v Chief Constable of the Hertfordshire Police [2007] EWCA Civ 325 CA;
- Hill v Chief Constable of West Yorkshire [1989] AC 53;
- Osman v UK (2000) 29 EHRR;
- Brooks v Commissioner of Metropolitan Police [2005] 1 WLR 1495;
- Edwards v UK (2002) 35 EHRR 19.
In this podcast, James Carter interviews Julian Waters about the recent case of Van Colle v Chief Constable of Hertfordshire in the Court of Appeal. Julian Waters acted for the claimants in the case – the parents of Giles Van Colle who was murdered by his former employee before he was due to give evidence in a criminal case against him. The claim was brought under the Human Rights Act. Also discussed in the podcast is how the claims under the Human Rights Act compares to the position at common law relating to whether the police owe a duty of care in negligence to protect victims of crimes. The defendant in this case has been given leave to appeal to the House of Lords and the case will be heard in 2008.
Both Julian Waters and James Carter are barristers at 1 Chancery Lane Chambers.