GC & C v Commissioner of Police of the Metropolis

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Mr S Kragg & Mr D Squires (instructed by Fisher Meredith & Public Law) appeared on behalf of the Claimants Mr J Beer (instructed by DWF LLP) appeared on behalf of the Defendant Mr J Strachan appeared on behalf of the Interested Party ____________________

The guidelines make a reference to such exceptional circumstances by giving an illustration of a dead body discovered, where murder is originally suspected and it is subsequently found that the person died from natural causes.

It is suggested by the claimants that those are not words of conclusion. But, in my view, it is clear from Lord Steyn's reasoning, and what he said at paragraphs 32 and 44 that it was his conclusion that Article 8(1) did not apply. That was the conclusion of the majority. At paragraph 44, Lord Steyn said that, in relation to the question as to whether there was any discrimination contrary to Article 14 of the Convention:

In any event it is clear that the House of Lords were unanimous in concluding that any interference was justified for the purposes of Article 8(2). It was in accordance with the law and was proportionate. In particular the House of Lords rejected the suggestion that the only fair process compatible with Article 8 was a case by case examination of the circumstances. At paragraph 39, Lord Steyn said: