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06 January 2011
Issue: 7447 / Categories: Case law , Law digest
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Legal aid—Inquest

R (on the application of Humberstone) v Legal Services Commission (The Lord Chancellor intervening) [2010] All ER (D) 255 (Dec), [2010] EWCA Civ 1479

The duty to investigate a death under Art 2 of the European Convention on Human Rights applied in a wide range of circumstances in which there was an obligation to provide a legal system by which any citizen might access an open and independent investigation of the circumstances of a death.

The system in England and Wales would always satisfy the procedural investigation obligation. Second, there was a duty proactively to conduct an effective investigation into the circumstances of a death in a much narrower range of circumstances where the evidence suggested a possible breach of the state’s substantive duty to protect the life of those in its direct care (the enhanced investigation).

It was not possible to say that an allegation of individual negligence would never engage Art 2. The person best placed to decide whether Art 2 was engaged was the coroner who was to conduct the investigation. The procedural duty to investigate

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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