BUBBINS v. THE UNITED KINGDOM View

Notes

Date	17/03/2005
AppNr	50196/99
Body	Court (Third Section)
Type	Judgment (Merits and Just Satisfaction)
Articles	13; 2; 41
Violated / NonViolated	132
Citations	235-1-c5-45-513231338

Conclusions:

Costs and expenses partial award - Convention proceedings
No violation of Art. 2
No violation of Art. 2 as regards the State's alleged failure to protect the right to life
No violation of Art. 2 as regards the effectiveness of the investigation
Non-pecuniary damage - financial award
Pecuniary damage - claim dismissed
Violation of Art. 13

Keywords:

(art. 13) arguable claim
(art. 13) effective remedy
(art. 13) national authority
(art. 2-1) life
(art. 2-2) absolutely necessary
(art. 2-2) defence from unlawful violence
(art. 2-2) use of force

ECHR Notes

Originating Body	Court (Third Section)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports of Judgments and Decisions 2005-II (extracts)
Language	ENGLISH ; FRENCH
Application Number	50196/99
Importance Level	1
Represented by	FISHER, Christian
Respondent State	the United Kingdom
Date of Introduction	25/05/1999
Date of Judgment	17/03/2005
Conclusion	No violation of Art. 2 as regards the State's alleged failure to protect the right to life ; No violation of Art. 2 as regards the effectiveness of the investigation ; Violation of Art. 13 ; Pecuniary damage - claim dismissed ; Non-pecuniary damage - financial award ; Costs and expenses partial award - Convention proceedings
Articles	2 ; 13 ; 41
Separate Opinions	Yes
Law at Issue	Coroners Act 1988 ; Coroners Rules 1984 ; Fatal Accidents Act 1976 ; Law Reform (Miscellaneous Provisions) Act 1934
Strasbourg Case Law	Andronicou and Constantinou v. Cyprus, judgment of 9 October 1997, Reports 1997-VII, §§ 181-182, p. 2107, § 192 ; Boyle and Rice v. the United Kingdom, judgment of 27 April 1988, Series A no. 131, § 52 ; Brady v. the United Kingdom, (dec), no. 55151/00, 3 April 2001 ; Doorson v. the Netherlands, judgment of 26 March 1996, Reports 1996-II, p. 470, § 70 ; Douglas-Williams v. the United Kingdom (dec.), no. 56413/00, 8 January 2002 ; Ergi v. Turkey, judgment of 28 July 1998, Reports of Judgments and Decisions 1998-IV, pp. 1776-77, § 79 ; Hugh Jordan v. the United Kingdom, no. 24746/94, §§ 105-109 and 125-129, 4 May 2001 ; Kaya v. Turkey, judgment of 19 February 1998, Reports 1998-I, p. 324, § 86 and § 107 ; Keenan v. the United Kingdom, no. 27229/95, § 129, ECHR 2001-III ; Makaratzis v. Greece, [GC], no. 50385/99, § 70, ECHR 2004-.. ; McCann and Others v. the United Kingdom, judgment of 27 September 1995, Series A no. 324, pp. 45-46, §§ 146-147, p. 46, §§ 148-149, p. 49, § 161, p. 57, § 194, and pp. 58-59, § 200 ; Paul and Audrey Edwards v. the United Kingdom, no. 46477/99, §§ 97-98, ECHR 2002-II ; Van Mechelen and Others v. the Netherlands, judgment of 23 April 1997, Reports 1997-III, p.p. 771-772, §§ 51-55 ; Z and Others v. the United Kingdom [GC], no. 29392/95, § 109, ECHR 2001-V
Keywords	"(Art. 13) ARGUABLE CLAIM" "(Art. 13) EFFECTIVE REMEDY" "(Art. 13) NATIONAL AUTHORITY" "(Art. 2-1) LIFE" "(Art. 2-2) ABSOLUTELY NECESSARY" "(Art. 2-2) DEFENCE FROM UNLAWFUL VIOLENCE" "(Art. 2-2) USE OF FORCE"

Application Documents 1

14

BUBBINS [Michael FITZGERALD] v. THE UNITED KINGDOM

Court (Third Section) Decision

27/11/2003

References 14

	112 MAKARATZIS v. GREECE 2 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	20/12/2004
	20 KHASHIYEV and AKAYEVA v. RUSSIA Court (First Section) Decision	19/12/2002
	219 PAUL AND AUDREY EDWARDS v. THE UNITED KINGDOM 2, 13 Court (Third Section) Judgment (Merits and Just Satisfaction)	14/03/2002
	77 DOUGLAS-WILLIAMS v. THE UNITED KINGDOM Court (Second Section) Decision	08/01/2002
	161 Z. AND OTHERS v. THE UNITED KINGDOM 3, 13, 6 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	10/05/2001
	162 HUGH JORDAN v. THE UNITED KINGDOM 2, 6, 14, 13 Court (Third Section) Judgment (Merits and Just Satisfaction)	04/05/2001
	122 KEENAN v. THE UNITED KINGDOM 3, 13, 2 Court (Third Section) Judgment (Merits and Just Satisfaction)	03/04/2001
	5 BRADY v. THE UNITED KINGDOM Court (Third Section) Decision	03/04/2001
	44 JORDAN v. THE UNITED KINGDOM Court (Third Section) Decision	04/04/2000
	375 KAYA v. TURKEY 2, 13, 2, 14, 6, 13 Court (Chamber) Judgment (Merits and Just Satisfaction)	19/02/1998
	87 ANDRONICOU AND CONSTANTINOU v. CYPRUS 2, 6-1 Court (Chamber) Judgment (Merits)	09/10/1997
	241 VAN MECHELEN AND OTHERS v. THE NETHERLANDS 6-3-d, 6-1 Court (Chamber) Judgment (Merits and Just Satisfaction)	23/04/1997
	167 DOORSON v. THE NETHERLANDS 6-1, 6-3-d Court (Chamber) Judgment (Merits)	26/03/1996
	684 BOYLE AND RICE v. THE UNITED KINGDOM 8, 13 Court (Plenary) Judgment (Merits and Just Satisfaction)	27/04/1988

Citations Breakdown

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1–10 of 16

Citations 16

	PARLAK v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	19/07/2011
	ALIKAJ AND OTHERS v. ITALY 2 Court (Second Section) Judgment (Merits and Just Satisfaction)	29/03/2011
	1 GIULIANI AND GAGGIO v. ITALY 2, 13, 38 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	24/03/2011
	1 SAFAK v. TURKEY 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	25/01/2011
	OLMEZ AND OTHERS v. TURKEY 2 Court (Second Section) Judgment (Merits and Just Satisfaction)	09/11/2010
	3 GIULIANI AND GAGGIO v. ITALY 2, 2, 38 Court (Fourth Section) Judgment (Merits and Just Satisfaction)	25/08/2009
	2 UYAN v. TURKEY (No. 2) 3 Court (Second Section) Judgment (Merits and Just Satisfaction)	21/10/2008
	1 NEHYET GUNAY AND OTHERS v. TURKEY 2, 3 Court (Third Section) Judgment (Merits and Just Satisfaction)	21/10/2008
	KUCUK AND OTHERS v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	14/10/2008
	42 MANSUROGLU v. TURKEY 2, 3 Court (Third Section) Judgment (Merits and Just Satisfaction)	26/02/2008

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