The Weekly Law Reports
[2022] 4 WLR 80
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— Claimant submitting complaints about adequacy of police investigation into deceased’s death— Independent reviews highly critical of original investigation and making numerous recommendations— Deceased’s employer thereafter convicted of health and safety offence— Police admitting breach of investigative obligation— Claimant’s request to reopen investigation on basis of alleged new evidence refused— Whether closure and refusal to reopen investigation giving rise to further breaches of duty— Circumstances in which new evidence reviving investigative obligation—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 2