This is the first in a series of articles considering the Human Rights Act 1998 (‘HRA’) and the Covid-19 pandemic. The first group is designed as a general reminder/ overview of claims under the Human Rights Act 1998, in particular claims arising from alleged breaches of Article 2 European Convention on Human Rights (ECHR).

The Court of Appeal, in their judgment handed down on 10 June 2020, considered the engagement of Article 2 of the European Convention on Human Rights in inquests relating to the deaths of those who lack capacity or who are otherwise vulnerable and reside in state supported accommodation such as care homes and who die in circumstances where there are deficiencies in their medical treatment and care which may have contributed to their death.

In any contract where one party is permitted to exercise a discretion whether or not to exercise an apparently absolute contractual right, the courts can imply a term that such discretion will not be exercised in an arbitrary, capricious, perverse or irrational manner.

The resident DCJ for each court centre on the North-Eastern Circuit has recently issued Guidance for the types of cases which it will continue to hear, the requirements for electronic bundles and directions for hearings proceeding by Skype for Business or BT MeetMe.

Tom Gent, Kate Wilson, Giles Grant and Naomi McLoughlin all appeared to represent interested persons at a recent inquest into the death of a boatman who was working at the site of the Flood Alleviation Scheme on the River Aire in October 2017.

This recent application for Judicial Review, heard by the Administrative Court in Leeds, has attempted to extend the law and the remit of the operational duty under Article 2 of the ECHR to those patients receiving care for mental health conditions in the community.

Kate Wilson discusses the recent decision in the case of Fullick v Commissioner of the Police of Metropolis [2019] EWHC 1941 (QB).

An inquest was held at Crook Coroners Court into the death of Mr Stephen Harper, who received a life sentence in 2003 for multiple counts of rape

Kate Wilson considers the Court of Appeal decision handed down on 12th November 2019 in: Wickes Buildings Supplies Limited v William Garade Blair [2019] EWCA Civ 1934.

Thanks to all those who attended our Masterclass of the Coroners Court and Inquests on Wednesday at the county hall in Matlock.

Thanks to all those who attended our seminar Article 2 – What difference does it make ?

Kate Wilson discusses CPR 45.29j – Exceptional Circumstances.