06 March 2015
R (on the application of Letts) v Lord Chancellor (Equality & Human Rights Commission intervening) [2015] EWHC 402 (Admin), [2015] All ER (D) 230 (Feb)
The Administrative Court, held that the Lord Chancellor’s Exceptional Funding Guidance (Inquests) was inadequate, incorporated an error of law and provided a materially misleading impression of what the law was. That was by virtue of the fact that there was no recognition that there was a category of case where the investigative duty under Art 2 of the European Convention on Human Rights arose irrespective of the existence of an arguable breach by the state. Those errors could lead to erroneous decision being taken by caseworkers.
