Mum of Nikki Allan to sue Northumbria Police – BBC News
‘The mother of a girl murdered in 1992 says she is taking legal action against a police force over her 30-year wait for justice.’
BBC News, 9th August 2023
Source: www.bbc.co.uk
Category: bereavement
The Supreme Court provides authoritative guidance on the application of Article 2 to Coronial investigations and inquests – QMLR
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘Excluded from justice’: court prevents family of victim from addressing assailant – The Guardian
‘The brother of a man who died after being assaulted in his own home has said he has been “excluded from justice” after magistrates barred him from court on the grounds that his presence would put the teenage attacker under “undue stress”.’
The Guardian, 30th July 2023
Source: www.theguardian.com
Infected blood scandal: Bereaved relatives in government compensation plea – BBC News
‘The son of a man who died after he was given infected blood is among those handing in a letter to the government calling for wider compensation.’
BBC News, 25th July 2023
Source: www.bbc.co.uk
NHS trust accused of cover-up is refusing to release report into deaths – The Guardian
‘An ambulance trust accused of hiding information from a coroner about patients that died is keeping a damning internal report about the deaths secret, the Guardian can reveal. A consultant paramedic implicated in the alleged cover-ups continues to be involved in decisions to keep the report from the public.’
The Guardian, 24th July 2023
Source: www.theguardian.com
R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another – Inquests and Inquiries Law Blog
‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’
Inquests and Inquiries Law Blog, 18th July 2023
Source: inquestsandinquirieslawblog.com
Met Police apologise over Daniel Morgan murder probe – BBC News
‘The Met Police has apologised to the family of private detective Daniel Morgan, who was murdered in 1987.’
BBC News, 19th July 2023
Source: www.bbc.co.uk
Metropolitan Police investigation into the murder of Stephen Lawrence – House of Commons Library
‘On 22 April 1993, Stephen Lawrence, an 18-year-old Black man, was stabbed to death at a bus stop in Eltham, south-east London by a group of White youths in an unprovoked, racist attack. Stephen’s friend, Duwayne Brooks, was with him at the time and witnessed the attack.’
House of Commons Library, 9th July 2023
Source: commonslibrary.parliament.uk
Nottingham maternity review set to become UK’s largest – BBC News
‘A review into failings in maternity care in hospitals in Nottingham is set to become the largest in the UK, the BBC understands.’
BBC News, 10th July 2023
Source: www.bbc.co.uk
Met Police: Doreen Lawrence concerned about pace of reform – BBC News
‘The mother of Stephen Lawrence says she is “profoundly concerned” about the slow pace of reforms in the Met Police.’
BBC News, 10th July 2023
Source: www.bbc.co.uk
Stephen Lawrence’s mother says decision not to charge police over murder inquiry ‘disgraceful’ – The Independent
‘Stephen Lawrence’s mother says a decision not to charge four retired officers over their handling of the original murder investigation has caused her immense distress and she will challenge it.’
The Independent, 6th July 2023
Source: www.independent.co.uk
UK’s largest pub firm guilty of health and safety breach over student’s death – The Guardian
‘The UK’s largest pub company has been found guilty of breaching health and safety law after the “senseless and avoidable” death of a first-year university student who was queuing to get into a busy venue.’
The Guardian, 6th July 2023
Source: www.theguardian.com
Supreme Court rules in ‘death ends everything’ divorce case – Law Society’s Gazette
‘The Supreme Court has unanimously dismissed a wife’s appeal for financial relief against her husband’s estate after he died before the final determination of her application.’
Law Society's Gazette, 30th June 2023
Source: www.lawgazette.co.uk
Inquiry into 2,000 mental health deaths in Essex NHS trusts given legal powers – The Guardian
‘An independent inquiry into the deaths of almost 2,000 mental health patients across NHS trusts in Essex is to be given legal powers to compel witnesses to give evidence, after pressure from bereaved relatives and the chair of the inquiry.’
The Guardian, June 2023
Source: www.theguardian.com
War widows who lost pensions to receive compensation – BBC News
‘War widows who were forced to forfeit their pensions will receive a lump sum payment after a long-running campaign. The compensation scheme will benefit spouses who lost their government income if they remarried or moved in with a new partner before 2015.’
BBC News, 18th May 2023
Source: www.bbc.co.uk
Infected blood victims and families urge UK government to drop defence – The Guardian
‘More than 500 people taking the government to court over the contaminated blood scandal are urging it to concede the case in light of evidence heard by a public inquiry and an interim report produced by its chair.’
The Guardian, 23rd April 2023
Source: www.theguardian.com
No case for extending bereavement damages, says minister – Law Society’s Gazette
‘The Ministry of Justice has rejected broadening eligibility for bereavement damages despite accusations the current limits are outdated and unfair.’
Law Society's Gazette, 20th April 2023
Source: www.lawgazette.co.uk
Should Those Convicted of Serious Offences be Compelled to Face Their Victim’s Family? – Pump Court Chambers
‘The current Justice Secretary Dominic Raab thinks so. The recent, tragic murders of Sabina Nessa and Zara Aleena have prompted Mr Raab to consider new legislation which will see those convicted of serious offences compelled to attend court and face the families of those they have harmed. Both convicted murderers Jordan McSweeney and Koci Selamaj refused to attend their sentencing hearings which meant the families of Sabina and Zara were unable to put their Victim Personal Statements to them. Mr Raab says he wants to “make sure courts have the power to compel someone who’s been convicted of a serious crime to come and face the sentence… is the very least the victims deserve… and is a basic principle of British justice”[1] but what are the implications of this proposal?’
Pump Court Chambers, 9th March 2023
Source: www.pumpcourtchambers.com
Dove v Assistant Coroner for Teeside [2023] EWCA Civ 289 (17 March 2023) – Parklane Plowden
‘Mrs Dove’s daughter took her own life after DWP benefits were withdrawn. In September 2021, the Divisional Court refused her application under s13 of the Coroners Act 1988 to quash the Coroner’s determination and direct a new inquest. The Divisional Court considered that the question of ‘how’ someone died in a Jamieson inquest was directed only to the means by which the deceased died, and did not encompass the wider circumstances of their death. In this case, the Court of Appeal considered the meaning of ‘by what means’.’
Parklane Plowden Chambers, 29th March 2023
Source: www.parklaneplowden.co.uk
Dove (Part 2): Article 2 ECHR, Rabone, and Responsibility – Doughty Street Chambers
‘Last week [24 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1). In an earlier post I dealt with the first, successful, ground of appeal: that because of fresh evidence it was in the interests of justice to order a new Jamieson inquest. In this post I examine the Court of Appeal’s analysis of the case from the point of view of the engagement of Article 2 ECHR.’
Doughty Street Chambers, 24th March 2023
Source: insights.doughtystreet.co.uk
