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

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
back-to-top-scroll