The Weekly Law Reports
[2009] 3 WLR 1099
Court of Appeal
Regina (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening)
[2009] EWCA Civ 441
2009 March 9,
10;
May 18
May 18
Sir Anthony Clarke MR, Keene, Dyson LJJ
Human rights— Right to life— State’s duty to investigate death— Soldier dying of hyperthermia sustained whilst carrying out duties off base in Iraq— Whether death of soldier within scope of Human Rights Convention or of legislation giving domestic effect to Convention— Whether procedural requirements implicit in Convention right to life applying to inquest into soldier’s death—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 2
—
Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd 8969), art 1
Law reform— Whether necessary— Inquest— Whether desirable for statute to set out clearly differences between inquest required to comply with procedural requirements implicit in Convention right to life and any other type of inquest