header-logo header-logo

Legal aid—Inquest

06 January 2011
Issue: 7447 / Categories: Case law , Law digest
printer mail-detail

R (on the application of Humberstone) v Legal Services Commission (The Lord Chancellor intervening) [2010] All ER (D) 255 (Dec), [2010] EWCA Civ 1479

The duty to investigate a death under Art 2 of the European Convention on Human Rights applied in a wide range of circumstances in which there was an obligation to provide a legal system by which any citizen might access an open and independent investigation of the circumstances of a death.

The system in England and Wales would always satisfy the procedural investigation obligation. Second, there was a duty proactively to conduct an effective investigation into the circumstances of a death in a much narrower range of circumstances where the evidence suggested a possible breach of the state’s substantive duty to protect the life of those in its direct care (the enhanced investigation).

It was not possible to say that an allegation of individual negligence would never engage Art 2. The person best placed to decide whether Art 2 was engaged was the coroner who was to conduct the investigation. The procedural duty to investigate

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll