The Enhanced Investigative Duty in the Melanie Raybone Case

The court of appeal agreed that no operational duty was owned to protect her against the risk of accidental death by the rep-creational taking of an illicit drug. The case will always and without more give rise to a legitimate suspicion of state responsibility in the form of a breach of the state substantive article two duties so that's the framework that was set out there but what law justice pop well observed was that in reality there's no difference in terms of the rationale between the two circumstances.