News

28/06/2023

Maguire: Supreme Court Dismiss Article 2 Appeal

News

Last week the Supreme Court handed down its much anticipated decision in R (Maguire) v HM Senior Coroner for Blackpool & Fylde and another [2023] UKSC 20 concerning the engagement of Article 2 ECHR in inquests. The Court unanimously dismissed the appeal, holding that Article 2 was not engaged. Lord Sales gave the leading Judgment and Lord Stephens gave a short concurring Judgment.

Whilst the Court’s lengthy decision (77 pages) does not significantly alter the current landscape on Article 2, it does provide a comprehensive overview of both the Strasbourg and domestic authorities and provides much-needed clarity on the scope and extent of the positive obligations imposed on states by Article 2.

Click here to read the full summary, written by Carl Rix of Old Square Chambers.