Dijen Basu QC and Mark Thomas successfully represent Hampshire Police in Articles 3 and 8 investigative obligation claim
Judgment was given in the High Court today in the case of MLIA & CLEL v Chief Constable of Hampshire Police.
Mr Justice Lavender dismissed the claims of MLIA and CLEL, a mother and daughter who made allegation of domestic violence against the daughter’s ex partner in 2005. The Claimants claimed that the allegations engaged the investigative and protective duties under Articles 3 and 8 and that the Hampshire Police investigation had breached those duties.
Mr Justice Lavender dismissed the claims on both limitation and their substantive merits.
The Claimants alleged Article 3 and 8 were engaged by conduct including spitting at the first claimant, throwing items at her, pinning her against walls, hitting her on three occasions causing bruising and swelling, pulling her hair in the street, scratching a swastika into the paintwork of her car, multiple harassing telephone calls and text messages and making threats to kill.
However, Mr Justice Lavender found that those allegations did not reach the necessary minimum level of seriousness for the purposes of the Convention.
The Court went on to consider, had Article 3 and/or 8 applied, there would have been a breach. The Judge determined that he was satisfied that the investigation conducted by Hampshire Police met the standard required by Articles 3 and 8.