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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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

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mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

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Family set expands with the formal integration of 4 Brick Court into 42BR Barristers

The Court of Appeal has issued a stern warning to lawyers engaging in the practice of ‘privilege hunting’—obtaining an opponent’s legally privileged information through dishonest means
Legal executives have given a lukewarm reception to the Legal Services Board’s (LSB’s) final report from its regulatory review into Mazur advice and guidance
A homeless single parent offered accommodation in Derby has lost her Supreme Court appeal against the London council making the offer
The Kingdom of Bahrain does not enjoy sovereign immunity from allegations it used surveillance software to spy on dissidents in the UK, the Supreme Court has held
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