Appeal against successful judicial review of refusal of legal aid for mother of deceased at inquest.
Held: ‘article 2 will be engaged in the much narrower range of cases where there is at least an arguable case that the state has been in breach of its substantive duty to protect life; in such cases the obligation is proactively to initiate a thorough investigation into the circumstances of the death.’
Judges:
Maurice Kay VP CA, Smith, Leveson LJJ
Citations:
[2010] EWCA Civ 1479, [2011] 1 WLR 1460, (2011) 118 BMLR 79, [2010] Inquest LR 221, [2011] Med LR 56, [2011] HRLR 12, [2011] ACD 51, [2011] UKHRR 8
Links:
Statutes:
Access to Justice Act 1999 6, European Convention on Human Rights 82
Jurisdiction:
England and Wales
Citing:
Appeal from – Humberstone, Regina (on The Application of) v Legal Services Commission Admn 13-Apr-2010
The claimant sought judicial review of the decision of the Defendant not to recommend that her application for public funding for representation at the inquest enquiring into the death of her son be granted. . .
Cited by:
Cited – Letts, Regina (on The Application of) v The Lord Chancellor and Another Admn 20-Feb-2015
Application for judicial review concerning the criteria applied by the Legal Aid Agency to determine whether relatives of a deceased should be granted legal aid for representation at an inquest into a death which has arisen in circumstances which . .
Lists of cited by and citing cases may be incomplete.
Legal Aid, Coroners, Human Rights
Updated: 31 August 2022; Ref: scu.427369