The family of Brazilian Jean Charles de Menezes, shot dead by police who mistook him for a terror suspect, has launched a High Court challenge over a decision not to prosecute individual officers.
Lawyers acting for Mr de Menezes' relatives lodged papers at the Royal Courts of Justice in London triggering an application for judicial review.
They are applying for permission to overturn the Crown Prosecution Service's (CPS) decision not to prosecute individual police officers over the 27-year-old's death.
They are also challenging the adjournment of the inquest into Mr de Menezes' death, and the failure of the Independent Police Complaints Commission (IPCC) to publish its report on the shooting.
The papers lodged, setting out the grounds of challenge, will go to a single judge sitting in private who will have to decide whether there is an "arguable case" to justify a full hearing.
The CPS decided in July to charge the Metropolitan Police Service with failing to provide for the health, safety and welfare of Mr de Menezes on the day he was shot seven times in the head by anti-terror officers.
But the CPS said there was "insufficient evidence" to prosecute any of the individual officers involved in the operation on July 22 last year at Stockwell Tube station in south London.
Lawyers for the family of Mr de Menezes plan to argue there is sufficient evidence to justify a murder or manslaughter charge.
Using the health and safety legislation instead to prosecute the Met, and failure to disclose the IPCC report findings to the family, are both breaches of their human rights, their legal team say.
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Harriet Wistrich, lawyer for the de Menezes family, said earlier: "In respect of the decision not to prosecute any individual officers we consider the CPS has usurped the role of the jury in its assessment of the evidence. In respect of the decision to seek adjournment of the inquest and to ask the IPCC not to disclose their report to the family, the CPS's uncompromising approach gives the appearance of a stitch-up."
