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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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