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04 December 2008
Issue: 7348 / Categories: Features , Public , Human rights
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Law Reports

Edited by the All England Law Reporters

Prisoner—Near death in custody—Circumstances into which investigation into near death required

R (on the application of JL) v Secretary of State for the Home Department [2008] UKHL 68, [2008] All ER (D) 256 (Nov)

House of Lords, Lord Phillips, Lord Rodger, Lord Walker, Lord Brown and Lord Mance, 26 November 2008

Not every investigation into a near-death suicide attempt in custody was required, in order to comply with art 2 of the European Convention on Human Rights, to amount to that set out in R (on the application of D) v Secretary of State for the Home Department [2006] 3 All ER 946 (a D type investigation).

Nigel Giffin QC, Philip Sales QC and Cecelia Ivimy (instructed by the Treasury Solicitors) for the secretary of state. Ben Emmerson QC and Kristina Stern (instructed by Bindman & Partners) for the claimant. Heather Williams QC and Raza Husain (instructed by the Equality and Human Rights Commission) for the interveners, the Equality and Human Rights Commissioners.

In July 2002, the claimant was

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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