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PI Brief Update

The state’s duty to investigate deaths: Understanding the relevant ECHR article 2 obligations - Neil Davy, 3 Serjeants’ Inn

16/01/12.This case is notable for its lucid and instructive summary of the jurisprudence on the duties imposed by article 2 of the European Convention on Human Rights (“ECHR”).  Article 2 frequently causes uncertainty in the conduct of coronial inquests, in particular in relation to whether an enhanced inquiry must be held or resumed to examine the actions of the state. 

R (on the application of AP and MP) (Claimants) v HM Coroner for Worcestershire (Defendant) and Worcestershire County Council and Chief Constable of West Mercia (Interested Parties) [2011] EWHC 1453 (Admin); (2011) Med LR 397.

Image cc http://en.wikipedia.org/wiki/File:Coroners_Court_Entrance.jpg

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

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Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.