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Re McKerr in the House of Lords

The House of Lords on 11 March 2004 reversed the decision of the Court of Appeal of Northern Ireland, and held that the duty to investigate under Article 2 of the ECHR did not arise in domestic UK law in respect of deaths before 2 October 2000: [2004] UKHL 12. The decisions of Jackson J in R (Wright) v Home Secretary [2001] Lloyd's Rep Med 478, the Divisional Court in R (Hurst) v North London Coroner [2003] EWHC 1721 (Admin), and the Court of Appeal in R (Khan) v Secretary of State for Health [2003] EWCA Civ 1129 to the contrary were effectively overruled.

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Last modified:  Monday, 09-Aug-2004 08:53:14 BST by: Malcolm Bishop