Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Queer(y)ing consummation: an empirical reflection on the Marriage (Same Sex Couples) Act 2013 and the role of consummation
Alexander Maine, Lecturer in Law, Leicester Law School, University of LeicesterKeywords: Consummation – adultery – marriage – empirical research – LGBTQConsummation and...
A v A (Return Without Taking Parent) [2021] EWHC 1439 (Fam)
(Family Division, MacDonald J, 18 May 2021)Abduction – Application for return order under Hague Convention 1980 - Art 13(b) defence – Whether mother’s allegations against the father...
Domestic Abuse Toolkit for Employers
The Insurance Charities have released an update to the Domestic Abuse Toolkit for Employers.Employers have a duty of care and a legal responsibility to provide a safe and effective work...
Two-week rapid consultation launched on remote, hybrid and in-person family hearings
The President of the Family Division, Sir Andrew McFarlane, has announced the launch of a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
View all articles
Authors

HUMAN RIGHTS: R (Plymouth City Council) v HM Coroner for the County of Devon and Secretary of State for Education and Skills [2005] EWHC 1014 (Admin)

Sep 29, 2018, 17:22 PM
Slug : r-plymouth-city-council-v-hm-coroner-for-the-county-of-devon-and-secretary-of-state-for-education-and-skills-2005-ewhc-1014-admin
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : May 27, 2005, 11:41 AM
Article ID : 86183

(Queens Bench Division: Administrative Court; Wilson J; 27 May 2005) [2005] 2 FLR 1279

The court held that the coroner had correctly considered whether the circumstances surrounding the child's death were such as to give rise to an arguable breach of the State's positive duty to take proportionate measures under the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, Art 2 to protect life and so trigger the duty to investigate the breach. The test for deciding whether such positive duty had been violated was whether the authorities knew or ought to have known at the time of the existence of a real and immediate threat to the life of an identified individual from the criminal acts of a third party and failed to take measures within the scope of their powers which might reasonably have been expected to avoid that risk. See September [2005] Fam Law 699 for the case report and comment.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from