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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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