Article 2 and the Provision of Healthcare

R (Maguire) v HM Senior Coroner for Blackpool [2020] EWCA Civ 738 Where Article 2 of the Convention is invoked to allege inadequate provision of healthcare by the state, recent Strasbourg and domestic authorities suggest an increasingly restrictive approach. An expansive approach The 2015 Chamber decision of the Fourth Section…

In Brief – May 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 5, May 2020. M (Declaration of Death of Child) [2020] EWCA Civ 164 – Issue was whether the child, Midrar, was legally dead…

Coroner’s Investigations, Inquests and Covid-19

The coronial jurisdiction has been particularly affected by the COVID-19 pandemic. Death referrals to coroners are up significantly throughout the county, as much as fivefold in some jurisdictions. It therefore comes as no surprise that the Chief Coroner has rapidly brought out further guidance to assist coroners in this unprecedented…

Evidence From Behind Screens in Inquests

R (on the application of Dyer) v Assistant Coroner for West Yorkshire (Western) [2019] EWHC 2897 (Admin)  This article originally appeared in Issue 4 (March 2020). Mr Hall, a black man, died shortly after being in police custody and being restrained. The police officers called to give evidence at the…

In Brief – March 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 4, March 2020. Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1 – Privy Council decision considering whether…