Jason Beer KC appears in Supreme Court in case concerning the reach of Article 2 of the Convention

This appeal concerned whether the death of a disabled woman, who was deprived of her liberty, engaged the State’s obligation to protect life under Article 2 of the European Convention on Human Rights, therefore requiring an inquest jury to make findings regarding the circumstances by which the death occurred.

At the conclusion of the Inquest, the Coroner decided that the death did not engage the State’s positive obligation to protect life under Article 2 of the Convention. As a result, the jury was not required to consider the circumstances in which she came by her death, and resultantly gave a short narrative conclusion that the death resulted from natural causes.

A claim for judicial review of the Coroner’s decision regarding Article 2 was dismissed by the Divisional Court (see here) and the Court of Appeal (see here).

The Supreme Court reserved its judgment.

Jason Beer KC acted for the Coroner in the proceedings.

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Authors

Jason Beer KC

Call 1992 | Silk 2011

Related areas

Inquests

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