On 8 September 2011 JB died from a heart attack, aged 37. There was no history of heart disease. This was an action under the Human Rights Act 1998; the allegation was that D1 and D2 were in breach of articles 1 and 2 of the European Convention of Human Rights.
Of interest, was the test of causation in such claims:
“…the legal test of causation is whether there was a failure to take reasonably available measures which could have had a “real prospect of altering the outcome”. Put another way, the Claimants have to establish that JB “lost a substantial chance of avoiding the outcome”…” (paragraph 140)
The claims were dismissed (see paragraph 176).
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