The WLR Daily case summaries
[2022] WLR(D) 238
Queen’s Bench Division
Regina (Balkwell) v Chief Constable of Essex Police
[2022] EWHC 1288 (Admin)
2022 Feb 3; May 30
Dame Victoria Sharp P, Bennathan J
Human rights— Life— State’s duty to investigate death— IPCC interim report finding original investigation into claimant’s son’s death requiring further independent investigation— Independent reviews making numerous recommendations and being highly critical of original investigation— Police admitting original investigation breaching investigative obligation under Convention rights— Defendant refusing claimant’s request for fresh investigation on basis of alleged new evidence over 18 years later— Circumstances in which new evidence reviving investigative obligation— Whether refusal to reopen investigation irrational or breaching Convention rights—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 2