The coroner appealed a judicial review granted after he allowed into evidence, hearsay evidence contained in a written statemnent from a witness who could not attend the inquest.
Held: Rule 37 does not allow the admission of a document, even where the maker is unable to attend. Rule 37 replaced a rule which applied to all documents, not just those which were uncontroversial. The appeal was dismissed.
Judges:
Waller LJ, Latham LJ, Dyson LJ
Citations:
[2007] EWCA Civ 1259, Times 11-Dec-2007, [2007] Inquest LR 270, [2008] 1 All ER 981, [2008] 1 WLR 1335
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Rex v Divine KBD 1930
Talbot J discussed the need for evidence before a coroner to be sworn evidence: ‘Again it is clear that a coroner’s inquest is not bound by the strict law of evidence.
No doubt a coroner has considerable latitude as to the way in which he may . .
Cited – Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson QBD 12-Jul-1993
A prisoner had hanged himself after being left unsupervised in a single cell. He was a known suicide risk, but the Coroner directed the jury not to return a verdict which included any reference to lack of care.
Held: A coroner was free not to . .
Cited – Regina v South London Coroner ex parte Thompson 8-Jul-1982
The court discussed the function of the coroner and his inquest.
Lord Lane CJ said: ‘The coroner’s task in a case such as this is a formidable one, and no one would dispute that; that is quite apart from the difficulties which inevitably arise . .
Cited – Regina v HM Attorney-General for Northern Ireland and Another Ex Parte Devine CANI 1992
An inquest was held into three deaths thought to be at the hands of British soldiers. The coroner had admitted written evidence from statements taken by British officers on the basis that the makers of the statements were not compellable as . .
Cited – Regina v HM Attorney-General for Northern Ireland and Another Ex Parte Devine, Same Ex Parte Breslin HL 1-Apr-1992
The Coroner had held an inquest into the deaths of three persons who had been shot by soldiers. The Coroner had admitted statements made by the soldiers under Rule 17 of the Northern Ireland Rules. Those statements had been produced in evidence by . .
Cited – McKerr v Armagh Coroner HL 1990
It is for the coroner to decide how to adduce the necessary evidence as to death. Lord Goff discussed Rule 17 of the 1980 Rules: ‘Nor, in my opinion, does the mere fact that a rule restricts the power of a coroner as to the evidence which he may . .
Cited – Regina v Southwark Coroner, ex parte Hicks QBD 1987
The verdict of ‘lack of care’ at an inquest is to be used to indicate only the condition of the deceased at the time of death as a cause of death, and is not to be used as a way of attributing fault. The admission of documentary evidence by a . .
Appeal from – Paul and Another, Regina (on the Application of) v Assistant Deputy Coroner of Inner West London Admn 20-Nov-2007
. .
See Also – Paul and others v Deputy Coroner of the Queen’s Household and Another Admn 2-Mar-2007
The applicants sought judicial review of preliminary directions given for the intended inquest on the deaths of Diana Princess of Wales and of Dodi Al Fayed. It was submitted that the jurisdiction had been wrongly transferred to the Queen’s Coroner . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 22 November 2022; Ref: scu.261634
