- Considered — Joy Dove v HM Assistant Coroner for Teesside and Hartlepool & Anor 2023-03-17
“…urt of Appeal, Lord Burnett CJ, Nicola Davies LJ and Baker LJ). In those cases, the Court considered the line of authority starting with Osman v United Kingdom (2000) 29 EHRR 245 at [115], which case was considered by the Supreme Court in Rabone v Pennine Care NHS Trust [2012] 2 AC 72. Rabone established the criteria which define the ex…”
- Cited — AG (A Child), Re 2022-11-18
“…at [10]), (ii) the obligation being interpreted in such a way as not to impose an impossible or disproportionate burden upon the state (Osman v. United Kingdom (2000) 29 EHRR 245 (Osman) at [115]-[116], and Smiljanic v. Croatia (2022) 74 EHRR 10 (Smiljanic) at [70]), and (iii) the state having failed to take measures that were within th…”
- Cited — Jessica Morahan, R (on the application of) v His Majesty's Assistant Coroner for West London 2022-10-28
“… take steps within its power to protect an individual from death. This is the so-called Osman duty identified by the Strasbourg Court in Osman v United Kingdom (2000) 29 EHRR 245. It concerned the question of police protection of a person under threat. At [116] the court said:…”
- Cited — H (R on the application of) v Swindon Borough Council 2021-12-03
“…ng. Mr Buttler relied on the decisions of the European Court of Human Rights (“ECtHR”) on article 2 of the ECHR and the right to life in Osman v United Kingdom (2000) 29 EHRR 245 and Kilic v Turkey (2001) 33 EHRR 58, as well as the decision in Rantsev v Cyprus and Russia (2010) 51 EHRR 1 on article 4 of the ECHR. The effect of these jud…”
- Cited — Maguire, R (on the opplication of) v HM Senior Coroner for Blackpool & Fylde & Ors 2020-06-10
“…s detriment.” (paras. 105 to 107). So far as the second obligation was concerned, the court referred to the well-known test derived from Osman v United Kingdom (2000) 29 EHRR 245 at para. 115 relating to imminent threats of death from third party criminal action. It must be established that the authorities knew, or ought to have known, …”
- Cited — AB, R (On the Application Of) v Secretary of State for Justice 2019-01-18
“…“such an obligation must be interpreted in a way which does not impose an impossible or disproportionate burden on the authorities”: see Osman v United Kingdom (2000) 29 EHRR 245, at [116].…”
- Cited — Re X (A Child : FGMPO) (Rev 2) 2018-07-31
“…Osman v United Kingdom (2000) 29 EHRR 245…”
- Cited — TDT, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-06-19
“…in certain circumstances, require a State to take operational measures to protect victims, or potential victims, of trafficking (see, mutatis mutandis, Osman, [(2000) 29 EHRR 245] § 115; and Mahmut Kaya v. Turkey, no. 22535/93, § 115, ECHR 2000-III). In order for a positive obligation to take operational measures to arise in the circums…”