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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Friend & Ors, R (on the application of) v Greater Manchester Police Authority & Anor  EWHC 3152 (Admin) (02 December 2009)
Cite as:  EWHC 3152 (Admin)
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IN THE QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE DAVID CLARKE
| THE QUEEN ON THE APPLICATION OF DAVID FRIEND, TIMOTHY BEVAN, ANTHONY COONEY, ANDREW CLEWORTH and TIMOTHY HARPER
|- and -
|GREATER MANCHESTER POLICE AUTHORITY
THE CHIEF CONSTABLE OF THE
GREATER MANCHESTER POLICE
Mr Matthew Holdcroft (instructed by Sols Greater Manchester Police Authority) for the First Defendant
Mr Peter Cowan (instructed by Messrs Weightmans) for the Second Defendant
Hearing dates: 6 November 2009
Crown Copyright ©
LORD JUSTICE ELIAS :
The issue in the case and how it arose.
The chronology of events.
"Whilst there is no doubt with the benefit of hindsight that the incident could have been handled more efficiently, there is no certainty that the actions of either the ambulance crew or police officers hindered any potential for David Donohue to have survived his overdose. In my opinion, there is no conclusive evidence that either the ambulance crew or the police officers concerned failed in any duty of care owed to David Donohue. In respect of the police officers only, there is no evidence that they breached the Police Codes of Conduct in respect of the performance of their duties or general conduct. I therefore find these allegations to be unsubstantiated."
"the Chief Constable of Greater Manchester Police would find it difficult to be an independent arbitrator in regard to discipline matters if he was in receipt of legal advice with regard to the discipline matter from the very same lawyers who had also advised our clients during the inquest process."
"In line with normal procedures and supervised cases, any outstanding misconduct issues will be addressed upon completion of the inquest."
MR JUSTICE DAVID CLARKE: