€12,000 for failure to investigate acid attack breaching art 2 – but were all issues considered?

In Tershana v Albania [2020] ECHR 586; (2021) 72 EHRR 13, the authorities’ failure adequately to investigate an acid attack against a woman amounted to a breach of the procedural obligation under article 2, justifying damages of €12,000. In some ways, however, the judgment seems to be unsatisfying – citing cases that don’t quite fit the propositions stated and not examining potential breaches of articles 3 and 14.

Related briefings

Open justice and remote inquests: Allowing public and media video access to hearings

A simple legislative oversight at the start of the pandemic has meant that, whilst most other courts increased their accessibility to the public by giving access via remote video platforms, the Coroners Courts became more closed and secretive. All public, including accredited media representatives, have remained banned from watching any online broadcasts of coronial proceedings over the past twelve months.

What an Art 2 investigation does and does not require

Will an inquest always be required after a homicide trial when there have been alleged failures by state agents to protect life?  In this Judicial Review case Garnham J gives us the answer by summarising the scope of the requirements of an effective Art 2 investigation and, particularly helpfully, setting out what is not required to satisfy the state’s the investigative obligation. The Senior Coroner […]

No interest on general damages in police actions

The Court of Appeal has reiterated, in Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49, that since non-pecuniary damages in civil claims against the police. e.g. for loss of liberty, or distress and inconvenience, are generally assessed by reference to all matters leading up to the judgment, there will usually be no need for an additional award of interest.

‘Unlawful killing’ as a narrative conclusion that names the perpetrator

The coronial world is still coming to terms with the impact of the Supreme Court decision in Maughan and what it will actually mean for inquests in practice. Even following the additional guidance from the Chief Coroner the twittersphere still reverberates with questions such as how one can be ‘probably unlawfully killed’, whether how inquests […]

Latest Briefings

‘Tax Day’ – government continues its campaign to tackle non-compliance

In the UK’s first ever ‘Tax Day’ on 23 March 2021, the government released more than 30 consultation documents relating to the future landscape of the UK tax regime. Whilst these documents scrutinised how taxes should be paid, opportunities for simplification and the potential of digitalisation, it was tackling non-compliance which was firmly in the spotlight once again. Tax & estate planning Partner, James Austen, gives his opinion on the proposed measures.

Fraud in the sub line market – should we be concerned?

In recent weeks, news of the JES Global Capital fraud committed by fund manager Elliot Smerling has come to light. Unfortunately, we live in world where fraud, much like death and taxes, is inevitable.

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