Between the Queen on the Application of Mahammed Farooq Khan - Appellant - and - The Secretary of State for Health - Respondent.
British and Irish Legal Information Institute | 10 October 2003
The legal issues on this appeal are addressed by asking five questions:
1) What is the content of the state's Article 2 obligation in the present case?
2) Has that obligation already been performed?
3) If the state has not yet performed that obligation, can the holding of the inquest satisfy that obligation if Mr Khan cannot play an effective part in it himself?
4) If the answer to question 3 is "no", does the 1998 Act apply, so that Mr Khan can obtain relief in a national court?
5) Whatever the answer to the first four questions does the Secretary of State have power to make the necessary funding available?