20 Oct Supreme Court rules on Inquest decision
Supreme Court rules on Inquest decision
We act for the Dalton family in todays important SCUK ruling in relation to their ongoing battle for an inquest into their father Eugenes murder
https://www.supremecourt.uk/cases/docs/uksc-2020-0212-judgment.pdf
The Supreme Court has upheld the previous appeal by the Attorney General to the court of appeal and has declined to order a new inquest into the killing of Mr Dalton in 1988.
Whilst todays decision is disappointing for the family it was not unexpected given other recent rulings including the Supreme court case of Margaret McQuillan almost 2 years ago.
The case represents a comprehensive updating of the law in relation to applications for new inquests in historic Conflict – related killings.
It comes at a critical time following the recent introduction of the British Governments Legacy Act.
The case engages an important legal issue on whether or not civil actions for damages can ever satisfy the Governments Article 2 obligation to conduct an independent investigation into unresolved Troubles related killings.
The court had dissenting views which may well not resolve until a possible further appeal hearing before the ECHR in Strasbourg.
Speaking today Anurag Deb of KRW LAW Conflict Litigation Department said,
“It is significant that the Supreme Court upheld the Finucane judgment from 2019. This was an important judgment of the Court, the correctness of which was questioned by the Attorney General in the appeal. We are happy that the Court agreed with us that Finucane should not be departed from, and that the agreement was, for the most part, emphatic. It is also important to point out that the Court rejected a key submission from the Attorney General – that the investigative obligation under Article 2 of the European Convention (the right to life) extends only to perpetrators and not to broader issues of responsibility for a death.
We will consider the judgment carefully with our client and counsel and consider whether to bring the matter to the European Court of Human Rights at Strasbourg”