Scope of Article 2: Supreme Court to Decide

Scope of Article 2: Supreme Court to Decide


CategoryNews Author Jenni Richards KC, Nicola Kohn Date

The Supreme Court has granted permission to appeal the decision of the Court of Appeal in the case of Jacqueline Maguire v HM Senior Coroner for Blackpool and Fylde [2020] EWCA Civ 738.

The case concerns the inquest into the death of Jackie Maguire, a vulnerable 52 year old woman with Down’s syndrome and learning disabilities. Jackie was deprived of her liberty in a residential care home under a standard authorisation granted by her local authority. She died following days of being unwell after repeated failures to take her to hospital or have her examined by a doctor. The coroner at the inquest into her death ruled that Article 2 ECHR was not engaged because, following the case of R (Parkinson) v HM Senior Coroner for Kent [2018] EWHC 1501 (Admin), Jackie’s was a medical case rather than one of systemic failings: as such the article 2 operational obligation did not apply. Jackie’s mother, Muriel Maguire, challenged this outcome by way of judicial review before a Divisional Court and the Court of Appeal. She has now been granted permission to pursue her case to the Supreme Court.

The Appellant, Mrs Maguire, is represented by Jenni Richards QC and Nicola Kohn, instructed by Anna Thwaites and Joanna Bennett at Bindmans LLP.


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