- Cited — AB v Worcestershire County Council & Anor 2023-05-17
“…[2012] UKSC 2, [2012] 2 AC 72.…”
- Considered — Joy Dove v HM Assistant Coroner for Teesside and Hartlepool & Anor 2023-03-17
“…f 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 existence of an Article 2 operational duty; see the judgment of Lord Dyson JSC at [21] to [24].…”
- Cited — Michael Clifford v Millicom Services UK Limited & Ors. 2023-01-26
“…lity of significant harm – a possibility that cannot be ignored having regard to the nature and gravity of the harm: Rabone v Pennine Care NHS Foundation Trust [2012] 2 AC 72 [35]-[38]; RXG v Ministry of Justice [2019] EWHC 2026 (QB), [2020] QB 703 [35(iii)-(iv)]. On a proper analysis, submits Mr Hickman, the EJ was departing from t…”
- Cited — AG (A Child), Re 2022-11-18
“… become a peremptory norm (jus cogens)”). This was a “clean slate” case where there was no previous ECtHR authority (just like Rabone v. Pennine Care NHS Trust [2012] 2 AC 72 (Rabone), [19] and [119]). The ECtHR would give primacy to article 3, read together with the principles of non-refoulement in article 3(1) of UNCAT and the pri…”
- Applied — Jessica Morahan, R (on the application of) v His Majesty's Assistant Coroner for West London 2022-10-28
“…983 in the same way as it did to prisoners because there was no difference in principle between their respective positions. In Rabone v. Pennine Care NHS Trust [2012] 2 AC 72 the Supreme Court concluded that the operational duty applied to a voluntary psychiatric patient who was in hospital for treatment to prevent suicide because t…”
- Explained — WA (Palestinian Territories), R (On the Application Of) v The Secretary of State for the Home Department 2021-01-13
“…Article 2 provides “Everyone’s right to life shall be protected by the law”. In Rabone v Pennine Care NHS [2012] 2 AC 72 Lord Dyson JSC explained at [12] that the European Court of Human Rights (“the ECtHR”) has interpreted those few words as giving rise to several both negative …”
- Cited — Maguire, R (on the opplication of) v HM Senior Coroner for Blackpool & Fylde & Ors 2020-06-10
“…The cases there referred to were Rabone v. Pennine Care NHS Trust (Inquest and others intervening) [2012] 2 AC 72 (to which we shall return) and Powell v. UK (2000) 30 EHRR CD362. The court concluded that the coroner was not wrong to decide that the procedural duty did not…”
- Considered — TDT, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) 2018-06-19
“…cle 4. However, the effect of the same phrase in the context of article 2 was considered by the Supreme Court in Rabone v Pennine Care NHS Trust [2012] UKSC 2, [2012] 2 AC 72. The Strasbourg case-law had in that context also elaborated out of the very general language of the article an operational duty on the relevant authorities to…”
- Cited — Abertawe Bro Morgannwg University Local Health Board v Morgan 2018-03-28
“…e Human Rights Act 1998: see Dunn v Parole Board [2008] EWCA Civ 374; [2009] 1 WLR 728, paras 30-32, 43, 48; and Rabone v Pennine Care NHS Trust [2012] UKSC 2; [2012] 2 AC 72, para 75.…”