A seven-judge panel of the Supreme Court has,today, given judgment in the case of Michael and others v Chief Constable of South Wales Police and another  Joanna Michael was killed by her former partner, even though she had telephoned 999 and told police officers that her former partner had told her that he would be back any moment to kill her.  The central issues in the appeal were: (a) whether the police should continue to be immune from common law challenge in negligence, and (b) the extent of the duties owed by the police under Article 2 of the European Convention on Human Rights.


By a majority of 5-2, the Supreme Court dismissed the negligence claim.  All seven members of the Court dismissed the police’s cross-appeal on Article 2 and the case will now proceed to trial under the Human Rights Act. A full briefing note as to the judgment from Nicholas Bowen QC is attached here along with a statement from Joanna's mother.


Nicholas Bowen QC and Jude Bunting acted for the Appellants, along with Duncan Fairgrieve of 1 Crown Office Row.  They were instructed by Hywel Davies of Martyn Prowel solicitors.


Cymorth i Ferched Cymru (Welsh Women’s Aid) intervened in writing in support of Joanna Michael’s family.  They were represented pro bono by Doughty Street barrister Caoilfhionn Gallagher, instructed by Rebekah Carrier of Hopkin Murray Beskine Solicitors. Jane Elliott-Kelly provided additional pro bono support to Welsh Women’s Aid


For further background see:

« Back to listing

About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)