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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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