Middleton, R (on the application of) v HM Coroner for West Somersetshire
British and Irish Legal Information Institute | 27 March 2002
These two appeals raise important issues as to the application in United Kingdom domestic law of Article 2 of the European Convention on Human Rights and Freedoms (“the Convention”) which provides that “everyone’s right to life shall be protected by law”. Article 2 imposes two distinct but complementary obligations on the State. These two appeals concern the extent to which there is a duty on the State to conduct an investigation into the death of an individual where it is alleged that, exercising reasonable care, the State could and should have prevented the death.