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R (Catherine Smith) v Assistant Deputy Coroner for Oxfordshire and Secretary of State for Defence (Interested Party); Secretary of State for Defence v Assistant Deputy Coroner for Oxfordshire and Catherine Smith (Interested Party)

Authors / Contributors: Bridget Dolan , Debra Powell
13.92
R (Catherine Smith) v Assistant Deputy Coroner for Oxfordshire and Secretary of State for Defence (Interested Party); Secretary of State for Defence v Assistant Deputy Coroner for Oxfordshire and Catherine Smith (Interested Party)
   
Issue: Whether the Human Rights Act 1998 applied to British service personnel serving in foreign territory; whether there had to be a breach of the substantive obligation under Art 2 ECHR to protect life before the procedural requirements of Art 2 were triggered; whether a narrative verdict that recorded a “serious failure” offended r42 of the Coroners Rules 1984.
   
Court: Administrative Court
   
Reference:   CO/2804/ 2007; CO/4633/2007
   
Neutral Citation:   [2008] EWHC 694 (Admin)
   
Judge(s): Collins J
   
Date: 11 April 2008