Frances McClenaghan and Deborah Britstone discuss the Supreme Court decision in Northern Ireland No 1,2 and 3 and the Human Rights Act 1998. The Supreme Court provided guidance on three key matters: the extent to which the investigative duty under Article 2/3 of the ECHR is engaged in pre-commencement deaths, when new evidence revives the investigative obligation and how the court assesses the independence of investigations.
Frances McClenaghan and Deborah Britstone discuss the Supreme Court decision in Northern Ireland No 1,2 and 3 and the Human Rights Act 1998. The Supreme Court provided guidance on three key matters: the extent to which the investigative duty under Article 2/3 of the ECHR is engaged in pre-commencement deaths, when new evidence revives the investigative obligation and how the court assesses the independence of investigations.