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Lords review police appeal cases Lords review police appeal cases
(about 2 hours later)
The Law Lords are to review a court finding that police forces failed to protect two men in a case that could affect policing throughout the UK.The Law Lords are to review a court finding that police forces failed to protect two men in a case that could affect policing throughout the UK.
Optician Giles Van Colle, 25, was shot dead in London in 2000 before he could give evidence against a former worker.Optician Giles Van Colle, 25, was shot dead in London in 2000 before he could give evidence against a former worker.
Hertfordshire Police were found to have breached his human rights but have appealed against the ruling.Hertfordshire Police were found to have breached his human rights but have appealed against the ruling.
Sussex Police are also appealing over a finding that it failed to protect a man who was attacked by his former lover.Sussex Police are also appealing over a finding that it failed to protect a man who was attacked by his former lover.
Stephen Smith was attacked with a claw hammer but survived.Stephen Smith was attacked with a claw hammer but survived.
He had repeatedy warned police in Brighton that his former partner was threatening to kill him.He had repeatedy warned police in Brighton that his former partner was threatening to kill him.
Lawyers have said the cases will have an impact on policing and national and local government if the Law Lords agree with previous judgments from the Court of Appeal.Lawyers have said the cases will have an impact on policing and national and local government if the Law Lords agree with previous judgments from the Court of Appeal.
'Landmark' ruling'Landmark' ruling
Mr Van Colle was shot dead in 2000 by former employee Daniel Brougham who was jailed for life in March 2002.Mr Van Colle was shot dead in 2000 by former employee Daniel Brougham who was jailed for life in March 2002.
He had been employed by Mr Van Colle - who was shot three times at close range - at his shop in Mill Hill. Brougham had been dismissed for stealing.He had been employed by Mr Van Colle - who was shot three times at close range - at his shop in Mill Hill. Brougham had been dismissed for stealing.
In a landmark ruling in March 2006, the High Court found there had been a violation of his human rights laws in failing to "discharge the positive obligation of the police" to protect the life of Mr Van Colle.In a landmark ruling in March 2006, the High Court found there had been a violation of his human rights laws in failing to "discharge the positive obligation of the police" to protect the life of Mr Van Colle.
This case shows why the Human Rights Act is important to everyone and can bring everyone real protection John Wadham, Equality and Human Rights Commission
His family was subsequently awarded £50,000 in damages.His family was subsequently awarded £50,000 in damages.
Hertfordshire Police's appeal was dismissed but judges reduced the payout to £25,000.Hertfordshire Police's appeal was dismissed but judges reduced the payout to £25,000.
The Van Colle family have also lodged an appeal against the decision to halve the damages.The Van Colle family have also lodged an appeal against the decision to halve the damages.
The police accepted disciplinary tribunal findings that the officer in charge of the case had "failed to perform his duties conscientiously and diligently".The police accepted disciplinary tribunal findings that the officer in charge of the case had "failed to perform his duties conscientiously and diligently".
But they denied there had been a breach of the human rights of Mr Van Colle or his family.But they denied there had been a breach of the human rights of Mr Van Colle or his family.
The House of Lords will hear the case alongside a challenge to a Court of Appeal finding that Sussex Police had been negligent in not protecting Mr Smith.The House of Lords will hear the case alongside a challenge to a Court of Appeal finding that Sussex Police had been negligent in not protecting Mr Smith.
Stephen Smith was seriously injured in the attack carried out using a claw hammer.Stephen Smith was seriously injured in the attack carried out using a claw hammer.
The Equality and Human Rights Commission, which is represented in the case, said a judgment against the appeal by Hertfordshire Police would result in "significant policy and procedural change within the police force".
John Wadham, from the Commission, said a public authority had to take "positive steps to protect the lives of individuals when they know they are risk from a third party".
"This case shows why the Human Rights Act is important to everyone and can bring everyone real protection," he added.