*Re an application by Hugh Jordan for Judicial Review

Human rights – Infringement of human rights. The guidance which the Court of Appeal (Northern Ireland) was understood to have given in the present proceedings, concerning a claim for damages by the appellant under s 8 of the Human Rights Act 1998 for breach of a requirement regarding an investigation into a death under art 2 of the European Convention on Human Rights, was not consistent with the relevant principles. Pursuant to that guidance, the relevant investigation into a death in relation to art 2 should not be brought until an inquest had been concluded, or if already brought should be stayed until after that date. Consequently, the Supreme Court, allowed the appellant's appeal, preferring the subsequent clarification provided in McCord, Re Application for Judicial Review[2019] NICA 4, which considerably narrowed the apparent scope of that guidance.

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