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In 1998, Emmerson successfully represented the claimants in the groundbreaking case of Osman v United Kingdom, a seminal decision of the European Court of Human Rights that first established the principle that a State owes a positive obligation to protect the right to life under Article 2 of the European Convention on Human Rights from the criminal acts of a private individual. The case concerned the fatal shooting of a man in London by a teacher who had become obsessed with the victim’s son. It was alleged that the police had failed to heed multiple warning signs, or take necessary action to prevent the murder, and that the British courts had failed to provide an effective remedy for the police negligence. The Court held that the United Kingdom had violated the victims’ rights to a fair hearing through the grant of an effective legal immunity to the police, shielding them from legal liability in the tort of negligence, and awarded damages for the breach.
In 2015 Emmerson represented Marina Litvinenko, wife of Russian ex-KGB agent Alexander Litvinenko, at the public inquiry into his murder in London in 2006, using a radioactive isotope, (Polonium 210). Emmerson argued a successful judicial review challenge to the British Government’s refusal to hold a public inquiry to examine the responsibility of the Russian State for Litvinenko’s murder. According to Chambers UK, “forcing a public inquiry [was] down to the sheer force of his personality”. At the completion of the public inquiry, the judge, Sir Robert Owen, found that the Russian State was responsible for ordering the murder, and that Russian President Vladimir Putin had “probably” given his personal approval to the killing. Following the publication of the Inquiry report, Emmerson described the murder as an act of “nuclear terrorism” and called on Prime Minister David Cameron to take effective action, saying that a failure to respond would be a “craven” abdication of his responsibilities. An official spokesperson for the Prime Minister commented: “The conclusion that the murder was authorised at the highest levels of the Russian State is extremely disturbing” and promised to take effective action in response.