Facts: Mr James Best died in prison of a heart attack. His foster mother and biological son brought proceedings alleging that doctors and nurses had provided inadequate treatment at the scene and failed promptly to request an ambulance, and that the ambulance service had delayed unreasonably in dispatching an ambulance.

Judgment: Lang J held that medical practitioners and prison officers were both under the duty, at Article 2 ECHR, to do all that could reasonably be expected of them to avoid a real and immediate risk to life of which they have or ought to have knowledge. However, on the facts of this case, that duty had been discharged. In addition, on the facts, there had not been any unreasonable delay in calling, or dispatching an ambulance and its earlier arrival would not, in any event, have made any difference to the outcome; so there had also not been any breach of Article 3 ECHR. The first claimant, who had been Mr Best’s foster mother for three years, was an ‘indirect victim’ for the purposes of Article 34 ECHR and had standing to bring proceedings. The second claimant, whose relationship with Mr Best had never been formally recognised, as not.