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Hillsborough victims' relatives to launch class action lawsuit against South Yorkshire and West Midlands Police

Lawyers said they were representing hundreds of relatives in claims for 'misfeasance in public office'

Lizzie Dearden
Thursday 28 April 2016 06:49 EDT
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Floral tributes outside Saint George's Hall
Floral tributes outside Saint George's Hall (Getty)

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Relatives of the victims of the Hillsborough disaster are launching a class action lawsuit against police that could result in millions of pounds in compensation.

Lawyers said “several hundred” family members are represented in the claims, which were lodged at the High Court last year but could not be reported until the inquest verdicts on Tuesday.

They are seeking damages from South Yorkshire and West Midlands Police for “misfeasance in public office” over conduct on the day of the disaster and an alleged conspiracy attempting to blame Liverpool fans for the deaths.

Police 'accept' verdicts

A spokesperson for Saunders Law, which is representing the families, said the claims concern “the cover-up and actions intended to wrongly blame the deceased and Liverpool Football Club supporters for the tragedy”.

“Despite a half-hearted admission after publication of the Hillsborough Independent Report, we have learnt South Yorkshire Police spent an estimated £19 million of tax payers’ money on defending the indefensible at the inquest,” a statement said.

“After issuing the claims last year we secured a Contempt of Court Act order from a High Court Judge preventing publication of any information about the claims until the inquest ended, to avoid any risk of prejudice to the inquest.

“We now propose to move the claims forward to secure accountability.”

Solicitors said they welcomed the inquests’ finding that the 96 victims of Britain’s worst ever sporting disaster were unlawfully killed and were monitoring progress in a separate criminal investigation and probe by the Independent Police Complaints Commission (IPCC).

Misfeasance in public office is a civil offense dating back to 1703 but has more recently been used in claims against local councils, the Home Office and banks.

It allows damages to be awarded for the abuse of authority by public bodies, such as police, who carried out the abuse deliberately or with “reckless indifference” about the harm it would cause.

The Law Commission says that hundreds of misfeasance cases have been filed in recent years but most fall through, with few making it to trial.

The legal action comes after the Hillsborough inquests found a catalogue of failings by the police, emergency services and other authorities contributed to deaths at the match between Liverpool and Nottingham Forest on 15 April 1989.

Jurors concluded that police planning, actions and response “caused or contributed” to the fatal crush, while exonerating Liverpool fans of playing any part in the disaster.

Tributes including flowers and scarfs lay below candles on the steps of St George's Hall
Tributes including flowers and scarfs lay below candles on the steps of St George's Hall (Getty Images)

David Crompton, the current Chief Constable of South Yorkshire Police, was suspended on Wednesday and the furore continued the following day after a message to retired officers telling them they “did a good job” was accidentally made public.

The criminal investigation into the Hillsborough disaster, Operation Resolve, is expected to finish by the end of the year, when the Crown Prosecution Service will consider bringing charges.

In a separate probe into the aftermath of the deaths, the IPCC is investigating allegations that police fed the media false stories blaming fans, changed official accounts and put campaigners under surveillance in its “biggest and most complex investigation ever”.

West Midlands Police was tasked with conducting an inquiry into the actions of South Yorkshire Police at the disaster and in the aftermath.

The heavily-criticised investigation formed the basis of a judicial inquiry that led to the decision not to prosecute officials, and informed since-quashed inquests that ruled an “accidental death” verdict for all 96 victims.

Deputy Chief Constable Louisa Rolfe, of West Midlands Police, said the force had been notified of the case.

“Our thoughts remain with the family and friends of loved ones who died and were injured in the Hillsborough tragedy,” she added.

“We recognise the impact the inquests have brought upon them. We aware of the ongoing proceedings.”

South Yorkshire Police did not immediately respond to The Independent’s request for comment

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