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17 April 2008 / Cathryn Mcgahey
Issue: 7317 / Categories: Features , Public , Human rights , Constitutional law
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Jury out on Terror Bill

Will proposals regarding inquests in the Counter-Terrorism Bill breach human rights laws? Cathryn McGahey and Bilal Rawat investigate

In April 2005, just 11 weeks before the death of Jean Charles de Menezes, 24-year-old Londoner Azelle Rodney was shot and killed by an armed police officer. The Independent Police Complaints Commission (IPCC) subsequently referred the matter to the Crown Prosecution Service (CPS). In July 2006, the CPS announced that no police officers would face prosecution in relation to the death of Rodney.

Article 2 of the European Convention on Human Rights (the Conventioni) imposes an obligation on the state to conduct an effective investigation into a death caused by one of its agents. To comply with Art 2, any investigation must be independent and effective, must contain a sufficient element of public scrutiny to allow accountability and must allow the next-of-kin to participate to the extent necessary to safeguard his or her interests. A coroner's inquest is one forum in which the state may discharge its investigatory obligation under Art 2.

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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