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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 whether a death involved a breach of the substantive duty

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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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