Commissioner of Police of the Metropolis v DSD and Anor [2018] UKSC 11 – Read Judgment

In an important decision for UK human rights law, the Supreme Court confirmed on 21st February 2018 that the police have a positive operational duty – owed to the individual victims of certain crimes – to conduct an effective investigation under Article 3 of the European Convention on Human Rights.

The decision stems from a claim brought by two victims of John Worboys, a London black cab driver who committed “a legion of sexual offences on women” between 2003 and 2008.

The victims, identified in the proceedings as DSD and NBV, sought damages from the Metropolitan Police, due to various failures in the course of investigating their complaints. The action was brought under sections 7 and 8 of the Human Rights Act (“HRA”) 1998, which enables claims for damages to be pursued in the English…