Kennedys – Court of Appeal reinforces high threshold for engagement of Article 2 in medical cases

• FOIL
• FOIL Ireland
• FOIL select
• London FOIL

Author - Sarah Moore

It is well established that Article 2 of the Human Rights Act 1998 is engaged at inquest if the deceased was under the control of the state, for example whilst imprisoned or detained under the Mental Health Act 2005. A grey area in the context of medical cases, and in particular vulnerable adults under the care of the state has been explored further on appeal in R (Maguire) v Her Majesty’s Senior Coroner for Blackpool and Flyde.