Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'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
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
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