header-logo header-logo

08 August 2013
Issue: 7572 / Categories: Case law , Law reports , In Court
printer mail-detail

Human rights—Right to life—State’s obligation to investigate death

McCaughey and others v United Kingdom (App no 43098/09) [2013] ECHR 43098/09, [2013] All ER (D) 260 (Jul)

European Court of Human Rights, Judges Ineta Ziemele, President, David Thór Björgvinsson, Päivi Hirvelä, George Nicolaou, Zdravka Kalaydjieva, Vincent De Gaetano, Paul Mahoney, 16 Jul 2013

It was an established principle that Art 2 of the European Convention on Human Rights required investigations to begin promptly and to proceed with reasonable expedition, and that was required quite apart from any question of whether the delay actually impacted on the effectiveness of the investigation.

In October 1990, MM and DG were shot in Northern Ireland by soldiers from a specialist unit of the British Army. The applicants were MM's mother and DG's father and daughter. In April 1993, the Director of Public Prosecutions decided not to prosecute the soldiers involved in the shooting. In 1994 and 1995, the Royal Ulster Constabulary (RUC) forwarded material to the coroner. Over two years went by before the coroner made his first contact with the applicants

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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll