Stephen Simblet KC and Stephen Clark of the Garden Court Civil Liberties Team represented the claimant, instructed by Jules Carey of Bindmans.
In Bell v Commissioner of Police of the Metropolis [2024] EWHC 379, Mrs Justice Hill awarded nearly £140,000 in damages to a man whose former wife abducted their son to Brazil when she had told the police that she intended to take the child out of the country. The original events, which took place in 2013, have resulted in the permanent separation of the claimant and his son.
Mrs Justice Hill held the police liable in the tort of negligence, rejecting arguments that there was no duty of care owed, and also liable for breach of positive obligations to respect private and family life under Article 8 of the European Convention on Human Rights.
A link to the judgment is available here.
We will share details regarding a webinar about this important case in the coming weeks.
