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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 remanded in custody to a young off ender institution pursuant

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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