Hywel Davies has taken a landmark case against the police to the Supreme Court, the highest court in the land.
A hard working single mum was attacked in her home by an ex-boyfriend who beat her up and said that he would shortly return to her home and kill her. She immediately telephoned the police but it was misrouted to Gwent rather than Cardiff, essential details were not taken and passed onto Cardiff who then downgraded the call and did not immediately attend the scene.
The boyfriend then returned and brutally stabbed her to death.
Hywel took the case on and secured full legal aid backing for the case which went through various stages of appeal to the Supreme Court where the family succeeded in the legal argument that the case could proceed to trial on the Human Rights Act point as to protection of life but unfortunately lost in relation to their argument that the police had been negligent.
Seven Supreme Court judges decided on a 5/2 majority that the police were effectively immune from such claims for damages for negligence. The case now proceeds to trial on the Human Rights Act claim.
This case serves as a timely reminder of what can be done by dedicated and committed solicitors with the benefit of backing, at a time when the Government is in the process of reducing a fine legal aid system to a mere token gesture to those for whom access to justice is being continually denied.
