The Home Secretary had the discretion to order an inquest where coroner suspects a wrongful death, and the disposal of remains.
Ind Summary 12-Feb-1996, Times 19-Dec-1995
England and Wales
Updated: 16 May 2022; Ref: scu.87920
The deceased died after being hit by a policemen with his baton when being arrested. The verdict of misadventure was now challenged. The police officer said he had hit out in fear of imminent attack. It was said that the Coroner had permitted those representing the police to bring in previous convictions recorded against the deceased, which was said to be irrelevant and inadmissible and which may unfairly have influenced the jury against reaching a verdict of unlawful killing.It was also said that the officers’ description was inconsistent with the medical evidence.
Held: The application was dismissed. If there had been a verdict of unlawful killing, the officer would have faced trial for homicide at which trial the convictions would have been admitted. The decision was one of fact and degree for the coroner. He was in fact right to rule as he did.
Simon Brown LJ, Mance J
[1998] EWHC Admin 111
Coroner’s Act 1988 13(1)(b), Coroner’s Rules 1984 20(1)(b)
England and Wales
Cited – Anderson v Blashki 1993
(Supreme Court of Victoria) The civil standard of proof applies to all findings of coroners although the graver the allegation, the more cogent must be the evidence. . .
Cited – Regina v Murray CACD 10-Jun-1994
If one defendant claims a defence of duress from fear of the other’s driving, the other driver’s driving convictions are relevant and can be admitted in evidence. Evidence of the convictions of the other driver should have been admitted even though . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 May 2022; Ref: scu.138232
Whilst there is no absolute rule of law requiring a delay in a road traffic case involving death pending the results of a coroner’s inquest, in practice they should do so, and make appropriate enquiries as to the stage reached by the inquest. Nevertheless, in this case, being unaware of the true position and having proceeded in ignorance of it, the trial decision must stand.
Times 28-Jul-1999, Gazette 08-Sep-1999
England and Wales
Updated: 15 May 2022; Ref: scu.89331
No bias was shown by a delay in reopening an inquest and reference to the family.
Independent 13-Jul-1993
Updated: 15 May 2022; Ref: scu.86864
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 conduct the inquest; he is not fettered by detailed rules of procedure; but on the other hand, the proceedings are formal, they are conducted on lines which are now established by long usage, and the public and those more particularly interested have a right to expect that the verdict will be given upon the sworn evidence heard at the inquest and upon nothing else.’
Talbot J
[1930] 2 KB 29
Cited – Assistant Deputy Coroner of Inner West London v Paul and Another, Regina on the Application of CA 28-Nov-2007
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 May 2022; Ref: scu.262988
The applicant was involved in a coroner’s hearing regarding the death of his daughter. During the hearing, he accused one witness of having murdered her. The accusation was reported. He was fined andpound;50.00 for contempt of court. He sought judicial review saying that a coroner’s court, not being a court of record, had no power of punishment for contempt.
Held: The court was an inferior court but did have the power to punish a contempt in the face of the court. Such a power was necessary to keep order in a court.
[1985] 1 All ER 100, Times 03-Oct-1984
England and Wales
Updated: 14 May 2022; Ref: scu.254528
The applicant’s daughter had died in Kenya. Her body was returned to England and he sought an inquest.
Held: The court did not have jurisdiction to hold an inquest.
[1983] QB 335, [1982] 2 WLR 1071, [1982] 126 SJ 398, [1982] 2 All ER 801
England and Wales
Appeal from – Regina v West Yorkshire Coroner ex parte Smith CA 2-Jan-1982
The applicant challenged the refusal of the coroner to hold an inquest into the death of his daughter in Rhodesia.
Held: Coroners in England and Wales are under a duty to investigate a death which occurred overseas if both the body is returned . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 May 2022; Ref: scu.254560
A union picket had been knocked down by a lorry
Held: The coroner had been correct not to summon a jury pursuant to the section. It was of crucial importance that the facts did not have ‘any particular feature which distinguishes it from any other kind of road accident to the circumstances of which courts, time and time again, have to listen in order to reach a determination be it in criminal or civil proceedings.’
Watkins LJ
[1985] 150 JP 58
Coroners (Amendment) Act 1926 13(2)
England and Wales
Cited – 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.
Updated: 14 May 2022; Ref: scu.249860
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 witnesses.
Held: Judicial review of the coroner’s decision was refused.
Hutton LJ said: ‘in Nash’s case the Court of Appeal was strongly influenced by the consideration that at that time a highway authority was not responsible for nonfeasance. Therefore the court considered that it was not the intention of Parliament to make a highway authority liable for an accident where that highway authority was not guilty of misfeasance but only of nonfeasance. Accordingly the court interpreted the word liabilities in such a way as not to make the rural district council responsible in damages for a danger which it did not itself create.’
and ‘We accept counsel’s submissions that for the two reasons which he advanced the statements of soldiers A, B and C do not come within the ambit of Rule 17. But we reject his other submission that Rule 17 applies to all documentary evidence and that as the statements do not fall within it the rule prohibits their admission in evidence. We consider that Rule 17 only applies to the type of document described in paragraph (1) viz a document where ‘a coroner considers that the attendance as a witness by the maker of the document is unnecessary’ . . In other words the document appears to the coroner to be formal and uncontroversial. The statements of A, B and C are clearly not such documents and therefore Rule 17 does not apply to them. Accordingly, Rule 17 does not abrogate the ordinary rule that it was open to the coroner to admit the statements, notwithstanding that they were hearsay.’
Hutton LJ
(1992) NI 74
Coroners (Practice and Procedure) Rules (NI) 1980 17
Cited – Nash v Rochford Rural District Council CA 1917
A claim was made against the local highway authority for personal injury resulting from the defective construction of a highway drain. The plaintiff failed to prove that the defendant highway authority had been responsible for the construction of . .
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 . .
Appeal from – 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 – National Grid Gas Plc, Regina (on the Application of) v The Environment Agency Admn 17-May-2006
The claimant sought a judicial review of the decision to hold them responsible for necessary works of remediation. They were statutory successors to British Gas Corporation.
Held: The legislation clearly attempted to hold the contaminator . .
Cited – Assistant Deputy Coroner of Inner West London v Paul and Another, Regina on the Application of CA 28-Nov-2007
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 May 2022; Ref: scu.242438
Police officers sought anonymity when asked to appear before a coroner’s court, citing fear of violence if named. The family of the deceased appealed an order granting that to them.
Held: The coroner had heard evidence that a family member had told the officers they would be at risk if a verdict of unlawful killing was not returned. The decision by the coroner not to grant anonymity was a mistake.
Times 11-Nov-2004
England and Wales
Appeal from – A and Another v Inner South London Coroner QBD 24-Jun-2004
At an inquest into the death of a civilian apparently shot by police officers, the officers applied for anonymity, which the coroner refused. They sought judicial review.
Held: How witnesses participated in coroners inquests was to be decided . .
Cited – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .
Appealed to – A and Another v Inner South London Coroner QBD 24-Jun-2004
At an inquest into the death of a civilian apparently shot by police officers, the officers applied for anonymity, which the coroner refused. They sought judicial review.
Held: How witnesses participated in coroners inquests was to be decided . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 May 2022; Ref: scu.219421
[2001] EWHC Admin 352
England and Wales
Cited – Khan, Regina (on the Application of) v HM Coroner for West Hertfordshire and Another Admn 7-Mar-2002
The deceased died in police custody. The coroner refused to leave to the jury possible verdicts of unlawful killing, or death contributed to by neglect, or breach of his right to life. He adjourned the hearing to allow this challenge.
Held: . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 May 2022; Ref: scu.182192
An Asian youth was placed in a cell with another who was well known to be violent and racist. He was bludgeoned to death. The family sought a public investigation into how he came to be placed in such a position. An investigation had been refused by the Home Office. The family claimed, under the Human Rights Act, a right to have the matter determined. Investigations by the Coroner, and the Commission for Racial Equality would be limited. Contrary to what the Home Office said, the trial had done nothing to establish how the decision was made to put the two together. There had been an investigation which rejected the possibility of criminal action against the Prison Service. This was not public. An internal Prisons Service enquiry left several questions outstanding. Article 2 imposed a duty to protect life, and investigate a failure to do so. That investigation must be independent, effective, reasonably prompt, allow public scrutiny, and involve next of kin. That had not been satisfied. A declaration was granted requiring the Home Office to conduct such an investigation.
Mr Justice Hooper
[2001] EWHC Admin 719, [2002] 3 WLR 505
European Convention on Human Rights Art 2
England and Wales
Cited – Jordan v United Kingdom; McKerr v United Kingdom; similar ECHR 4-May-2001
Proper Investigation of Deaths with Army or Police
Claims were made as regards deaths of alleged terrorists in clashes with the UK armed forces and police. In some cases the investigations necessary to justify the taking of life had been inadequate. Statements made to the inquiry as to the . .
Cited – Salman v Turkey ECHR 27-Jun-2000
Where someone dies or is injured whilst in custody the burden is on the state to provide a ‘satisfactory and convincing explanation’ of what has happened: ‘Persons in custody are in a vulnerable position and the authorities are under a duty to . .
Cited – Regina on the Application of Mullholland v HM Coroner for St Pancras QBD 7-Nov-2003
The applicant sought to re-open a coroner’s inquest. The deceased had been drunk, slipped banged his head and fallen to the ground. Police and ambulance were called. The ambulance worker was not told he had been unconscious, and he was taken to the . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 May 2022; Ref: scu.166547
A coroner was free to exclude evidence which he thought to be irrelevant or even if relevant where for expediency, exclusion would avoid increasing the length of the inquest and only add to the jury’s task.
Independent 20-Aug-1993
England and Wales
Updated: 11 May 2022; Ref: scu.86865
‘This appeal arises out of the inquest held into the death of Mr James Maughan. It concerns the standard of proof, or degree of conclusivity, required for the determination of the result of an inquest into a death where the question is whether the deceased committed suicide. The result of an inquest may be given in a single short form conclusion (using simply the word suicide) and/or in a brief narrative statement (‘a narrative conclusion’). This appeal has to consider whether the degree of conclusivity is the same in both cases, and what it is.’
Lord Reed, President, Lord Kerr, Lord Wilson, Lord Carnwath, Lady Arden
[2020] UKSC 46, [2020] 3 WLR 1298
Bailii, Bailii Press Summary, Bailii Issues and Facts, SC 2019 Jun 12 am Video, SC 2019 Jun 12 pm Video, SC 2019 Jun 13 am Video
Coroners and Justice 2009 Act, Coroners (Inquests) Rules 2013
England and Wales
Appeal from – Maughan, Regina (on The Application of) v Her Majesty’s Senior Coroner for Oxfordshire CA 10-May-2019
Standard of Proof of Suicide at Inquest
Questions of importance concerning the law and practice of coroners’ inquests where an issue is raised as to whether the deceased died by suicide. The questions can be formulated as follows:
(1) Is the standard of proof to be applied the . .
At Admn – Maughan, Regina (on The Application of) v Senior Coroner for Oxfordshire Admn 26-Jul-2018
The court was asked whether a coroner or a coroner’s jury, after hearing the evidence at an inquest into a death, may lawfully record a conclusion to the effect that the deceased committed suicide reached on the balance of probabilities; or whether . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 May 2022; Ref: scu.655658
The issue of a certificate to the Registrar of Deaths by a coroner, after a post mortem, but on the basis that an inquest was then thought unnecessary, did not make him functus officio. The procedure under the section did not replace the scheme for arranging an inquest. The court retained the power under section 13(1)(a) to order an inquest in the case of a refusal or neglect by a coroner to hold an inquest. That discretion should be exercised in a similar way to the procedures for judicial review, and only be used after a misdirection or irrational factual conclusion by the coroner.
Simon Brown, May, Dyson LJJ
Times 26-Jul-2001, Gazette 06-Sep-2001
England and Wales
Appeal from – Terry v Coroner for East Sussex QBD 12-Jan-2001
A coroner having issued a death certificate following a post mortem, but without an inquest, had power, upon later receiving powerful new evidence, himself to re-open the case, and to order an inquest, and he did not first have to seek authority . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 May 2022; Ref: scu.89770
Irwin J considered the wide discretion given to Coroners: ‘There is no hard and fast obligation on the part of the Coroner to disclose any witness statements or material: it is a matter of the exercise of discretion.’
Irwin J
[2009] EWHC 1653
England and Wales
Cited – Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London Admn 27-Jun-2013
The coroner was to hold an inquest into the death of Alexander Litvinenko, a prominent Russian exile. The Secretary of State issued a public interest immunity certificate in respect of several documents sought for the inquest, which, in part, the . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 May 2022; Ref: scu.518762
Unreported, 19 February 1987
Cited – Sutovic, Regina (on the Application Of) v HM Coroner for North London Admn 17-May-2006
The court heard an application for judicial review of the Coroner’s verdict, on the grounds of procedural irregularity and insufficiency of enquiry. The claimant also sought a new review in the light of more recently received evidence.
Held: . .
Cited – Jones v HM Coroner for The Southern District of Greater London and Another Admn 28-Apr-2010
The mother of the deceased asked for a new inquest, saying that there had been insufficient enquiry. He was an adult suffering Asperger’s syndrome and other difficulties, but had sought and been given excess prescriptions of fentanyl a drug to . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 May 2022; Ref: scu.408769
The Coroner’s court is not the proper place to explore questions of clinical negligence.
[1995] 160 JP 12
England and Wales
Cited – In re Catherine Lucy Clegg (an Application to Quash Inquisition on Inquest) Admn 2-Dec-1996
The father of the deceased sought an order quashing the inquest on her death. He had recorded a verdict of suicide. She had died from acute salicylate poisoning, an aspirin overdose. The hospital was said not to have recognised her condition and not . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 May 2022; Ref: scu.237543
The court considered to what extent it could look to the form of an Act before it was amended in order to assist it in construing the Act as amended: ‘The original section 21(a) of the [Coroners (Amendment) Act] 1926 is no longer law, since it has been replaced by Section 23(3) of the Births and Deaths Registration Act 1953. Nevertheless, the original subsection is admissible in construing the section as a whole and, in our judgment, throws light on its construction. It demonstrates that the section as a whole contemplates a two-stage process’.
Slade LJ
[1988] 1 QB 513
Births and Deaths Registration Act 1953
England and Wales
Cited – Regina v Hammersmith and Fulham London Borough Council, ex parte M; Regina v Similar Ex Parte P etc QBD 8-Oct-1996
Destitute asylum seekers who were not entitled to welfare benefits could be in need of care and attention within the meaning of section 21 of the 1948 Act although they were no longer entitled to housing assistance or other social security benefits . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 May 2022; Ref: scu.238299
No action will lie against the Judge of a Court of Record for an act done by him in his judicial capacity, and therefore trespass cannot be maintained against a coroner for turning a person out of a room where he is about to take an inquisition.
Lord Tenterden CJ said: ‘This freedom from action and question of the suit of an individual is given by the law to the Judges, not so much for their own sake as for the sake of the public, and for the advancement of justice, that being free from actions, they may be free in thought and independence in judgment, as all who are to administer justice ought to be.’
‘There is not any occasion to inquire into the power of the coroner before Magna Charta, for by c 17 his power to hold pleas of the Crown was taken away. ‘No sheriff, constable, escheator, coroner, nor any other our bailiffs, shall hold pleas of our Crown.’ Upon this, Lord Coke says, ‘And what authority had the coroner? The same authority he now hath, in case when any man come to violent or untimely death, super visum corporis, ande., abjurations and outlawries, ande., appeals of death by bill, ande. This authority of the coroner, viz. the coroner solely to take an indictment super visum corporis, and to take an appeal, and to enter the appeal ; and the count remaineth to this day. But he can proceed no further, either upon the indictment or appeal, but to deliver them over to the justices: and this is saved to them by Stat. Westm. 1, c. 10.’It may, however, be said, that as to some matters arising out of this inquiry, the inquest of the coroner is final, ex. gr., that the deceased was felo de se ; that a certain thing was deodand; that a certain person was guilty, and fled for it. There are one or two dicta in the books that these findings are not traversable. But it appears by the best authorities, that the inquests of the coroner are in no case conclusive, and that any one affected by them, either collaterally or otherwise, may deny their authority, and put them in issue .’
Lord Tenterden CJ
[1827] EngR 492, (1827) 6 B and C 611, (1827) 108 ER 576
Updated: 05 May 2022; Ref: scu.324246
1993 SLT 1133
Scotland
Cited – Leighton and Others, Re Judicial Review OHCS 24-Apr-2003
The petitioner sought a judicial review of a Fatal Accident enquiry. The deceased was suffering terminal cancer. A prescription was filled by one of the applicants, but with the wrong drug. The pharmacist challenged the finding saying conclusions . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 May 2022; Ref: scu.181821
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order they made where they did not take active steps to resist the appeal. Here an order was appropriate for the appeal, but not the hearing at first instance.
Brooke LJ identified four issues as arising for consideration: ‘(1) What is the established practice of the courts when considering whether to make an order for costs against an inferior court or tribunal which takes no part in the proceedings, except, in the case of justices, to exercise their statutory right to file an affidavit with the court in response to the application? (2) What is the established practice of the courts when considering whether to make an order for costs against, or in favour of, an inferior court or tribunal which resists an application actively by way of argument in the proceedings in such a way that it makes itself an active party to the litigation? (3) Did the courts adopt an alternative established practice in those cases in which the inferior court or tribunal appeared in the proceedings in order to assist the court neutrally on questions of jurisdiction and procedure and such like but did not make itself an active party to the litigation? (4) Whatever the answers to the first three questions, are there any contemporary considerations, including the coming into force of the Civil Procedure Rules 1998, which should tend to make the courts exercise their discretion as to costs in these cases in a different way from the way in which it was regularly exercised in the past?’
and concluded as to the four points: ‘(1) The established practice of the courts was to make no order for costs against an inferior court or tribunal which did not appear before it except when there was a flagrant instance of improper behaviour or when the inferior court or tribunal unreasonably declined or neglected to sign a consent order disposing of the proceedings.
(2) The established practice of the courts was to treat an inferior court or tribunal which resisted an application actively by way of argument in such a way that it made itself an active party to the litigation, as if it was such a party, so that in the normal course of things costs would follow the event.
(3) If, however, an inferior court or tribunal appeared in the proceedings in order to assist the court neutrally on questions of jurisdiction, procedure, specialist case law and such like, the established practice of the courts was to treat it as a neutral party, so that it would not make an order for costs in its favour or an order for costs against it whatever the outcome of the application.
(4) There are, however, a number of important considerations which might tend to make the courts exercise their discretion in a different way today in cases in category (3) above, so that a successful applicant … who has to finance his own litigation without external funding, may be fairly compensated out of a source of public funds and not be put to irrecoverable expense in asserting his rights after a coroner (or other inferior tribunal) has gone wrong in law, and there is no other very obvious candidate available to pay his costs.’
Lord Justice Brooke Sir Martin Nourse Lord Justice Longmore
[2004] EWCA Civ 207, Times 10-Mar-2004, [2004] 3 All ER 543, [2004] 4 Costs LR 545, [2004] 1 WLR 2739, [2004] Inquest LR 96, (2004) 80 BMLR 48
England and Wales
Reserved from – Regina on the Application Of Christine Davies v HM Deputy Coroner for Birmingham CA 2-Dec-2003
. .
Cited – Regina v Her Majesty’s Coroner for Inner London North ex parte Peter Francis Touche CA 21-Mar-2001
The applicant’s wife had died of a cerebral haemorrhage, the result of severe hypertension, possibly secondary to eclampsia. The coroner decided not to hold an inquest. The issue raised was whether he was required to hold an inquest because there . .
Cited – Regina v Goodall 1874
The Divisional Court could, in some cases inflict costs on justices who were guilty of some gross impropriety. . .
Cited – Rex v Coventry Rent Tribunal 1-Dec-1948
The court would not grant costs against justices or similar tribunals merely because they had made a mistake in law, but only if the tribunal had acted improperly, that is to say perversely or with some disregard of the elementary principles which . .
Cited – Regina v Meyer 1875
The court made an order for costs against a justice who ought not to have sat on a case. (Comment: ‘The granting of costs when a rule is made absolute for a certiorari is contrary to the usual practice: see Gray on Costs p 466 where it is said: ‘As . .
Cited – Regina v Willesden Justices ex parte Utley 1948
The justices had fined a defendant three times the maximum penalty for a driving offence. Counsel appeared for the justices in the Divisional Court to admit that the penalty was in excess of jurisdiction and to assist the court, by reference to case . .
Cited – Rex v Kingston-upon-Hull Rent Tribunal ex parte Black 1949
A landlord obtained an order of certiorari to quash an order of a rent tribunal which had reduced the rent of certain premises without hearing evidence on behalf of the landlord. Counsel appeared on behalf of the tribunal to oppose the making of the . .
Cited – Regina v Camborne Justices ex parte Pearce QBD 1954
The applicant had been convicted by the Justices on charges of offences under the Food and Drugs Act 1938 which had been brought under the authority of the Health Committee of the Cornwall County Council. The Clerk to the Justices was a councillor . .
Cited – Regina v Liverpool Justices ex parte Roberts QBD 1960
The defendant challenged a conviction where the magistrates had not heard from him. The magistrates were not reprsented at the appeal.
Held: The appela was successful, but the court declined to award costs against the magistrates: ‘So far as . .
Cited – Regina v Llanidloes Licensing Justices ex parte Davies 1957
Justices appeared by counsel on an appeal to resist, unsuccessfully, an application to set aside an order they had made in relation to the extension of licensing hours.
Held: Ordering them to pay the applicant’s costs: ‘If the justices appear . .
Cited – Regina v Hastings Licensing Justices ex parte Lovibond QBD 1968
The court granted an order of certiorari to quash a decision of licensing justices. The magistrates had not resisted the appeal, but commercial rivals of the licensee had persisted with their objection.
Held: ‘it is very rare that this court . .
Cited – Regina v Newcastle Under Lyme Magistrates Court Ex Parte Massey and Others QBD 7-Oct-1994
Guidance was given on orders for payment of costs by justices who found themselves respondents to judicial review proceedings. Justices who refused consent to quash a committal and failing to appear may be subject to such orders. . .
Cited – Regina v York City Justices ex parte Farmery QBD 1988
The magistrates had been asked to be represented on a case stated to explain their apparently unreasonable order.
Held: Though the application was successful against the magistrates and they had appeared, costs were not awarded against them . .
Cited – Regina v Paddington South Rent Tribunal ex parte Millard 1955
Counsel had been appointed for the tribunal to resist an appeal against the order the tribunal had made.
Held: As to costs: ‘It does not matter to the tenant (who is legally aided) whether the costs come out of one fund or another, but so that . .
Cited – S v Special Educational Needs Tribunal and the City of Westminster QBD 1996
The court ruled that under RSC Order 55 Rule 8, the tribunal could not appear in the High Court because they were not a party to a statutory appeal from one of their decisions, but added: ‘But the court has ample power to permit the tribunal to . .
Cited – Regina v West Yorkshire Coroner ex parte Smith QBD 1985
The deceased’s father sought an order prohibiting the coroner from conducting an inquest on his dead daughter. Among his grounds was that the coroner might appear to be biased because of an outstanding application for costs against the coroner . .
Cited – Regina v Hammersmith Coroner ex parte Gray CA 1986
Several police officers obtained an order directing a new inquest in a case in which the coroner was held to have misdirected the jury in relation to a possible verdict of unlawful killing. The misdirection was severe, but the issues and law were . .
Cited – Regina v Shrewsbury Coroner’s Court ex parte British Parachute Association QBD 21-Sep-1987
Coroners are forbidden by the rules to make recommendations to a jury as to their verdict. Despite the fact that the coroner was represented at the appeal, the court refused to make any order for costs against the coroner. This was not a case where . .
Cited – Holden and Co v Crown Prosecution Service (No 2); Steel Ford and Newton v Crown Prosecution Service and Another (No 2) HL 14-Jul-1993
The Court of Appeal had set aside wasted costs orders made in the Crown Court against four different firms of solicitors.
Held: The House set aside the orders but was unable to award to the firms their costs of the successful appeals. There is . .
Cited – Regina v Coroner for Southern District of Greater London, ex Parte Driscoll Admn 22-Oct-1993
The applicant, a sister of the deceased, requested a judicial review of the decision of the coroner not to allow her to be represented and to cross examine witnesses.
Held: One of the coroner’s letters had been offensive and misleading. A . .
Cited – Seifert v Pensions Ombudsman and others CA 31-Jul-1997
The setting aside of part only of an Ombudsman’s determination is not sufficient of itself to justify a full costs order against him. The Ombudsman had not been represented on the appeal. Of the fact that the order had been varied: ‘But that is not . .
Cited – Regina v Coroner for Kent Ex Parte Johnstone QBD 12-Sep-1994
A coroner may be liable for costs after a wrongful refusal of an adjournment. A mistake by a medical expert caused the need for a new inquest. A request that the coroner should pay the applicant’s costs was granted. The court identified why the . .
Cited – Regina v Lincoln Coroner, Ex Parte Hay Admn 19-Feb-1999
Coroners Society recommended to publish pre-trial guidelines and prepare a list of witnesses to be called showing in each case a brief summary of the evidence expected to be given by that witness in order to assist parties at inquests. A costs order . .
Cited – Regina v Coroner for Wiltshire ex parte Clegg QBD 1996
The court awarded costs against a coroner on an appeal even though he had only taken part by the filing of an affidavit. . .
Cited – Balabel v Air India CA 1988
When considering claims for legal professional privilege, the court should acknowledge the ‘continuity of communications’. However, where the traditional role of a solicitor had expanded, the scope of legal professional privilege should not be . .
Cited – Providence Capitol Trustees Ltd v Ayres ChD 1996
If the Pensions Ombudsman takes part in an appeal and makes himself a party to the lis, he is at risk as to the costs of the appeal. It may be appropriate to make an application before the main hearing to settle such issues. The ombudsman will only . .
Cited – University of Nottingham v Eyett and Another (No 2) ChD 3-Dec-1998
The Pensions’ Ombudsman having had a decision overturned on appeal and having entered appearance at the appeal was liable in costs only to the extent that his intervention had increased the costs. . .
Costs reserved to – Regina on the Application Of Christine Davies v HM Deputy Coroner for Birmingham CA 2-Dec-2003
. .
Cited – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Cited – London Borough of Camden v The Parking Adjudicator and Others Admn 18-Feb-2011
The council appealed after parking adjudicators allowed four appeals where the council had imposed a surcharge on the payment of civil parking penalties where payment was made by credit card. . .
Cited – Gourlay, Regina (on The Application of) v Parole Board Admn 24-Nov-2014
Challenge by way of judicial review to the Decision of the Parole Board following an oral hearing first not to direct the release on licence of the claimant, and secondly, not to recommend the transfer of the claimant to open conditions. The . .
First Instance main judgment – Gourlay, Regina (on The Application of) v The Parole Board CA 14-Jul-2017
Does the established practice of the High Court, to make no order for costs for or against an inferior tribunal or court which plays no active part in a judicial review of one of its decisions, extend to the Board? . .
Cited – Gourlay, Regina (on The Application of) v Parole Board SC 4-Dec-2020
The appellant life prisoner had successfully challenged a decision of the parole board, but had later been refused his costs on the basis that the Board had been acting in effect as a judicial body. . .
Cited – Gourlay, Regina (on The Application of) v Parole Board SC 4-Dec-2020
The appellant life prisoner had successfully challenged a decision of the parole board, but had later been refused his costs on the basis that the Board had been acting in effect as a judicial body. . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 May 2022; Ref: scu.194077
[1988] 2 ALL ER 604
England and Wales
Cited – In re Catherine Lucy Clegg (an Application to Quash Inquisition on Inquest) Admn 2-Dec-1996
The father of the deceased sought an order quashing the inquest on her death. He had recorded a verdict of suicide. She had died from acute salicylate poisoning, an aspirin overdose. The hospital was said not to have recognised her condition and not . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 May 2022; Ref: scu.237542
Statements made to the police about the death of Mr Blair Peach should be disclosed to his mother in her action against the police because, although they were made partly for the purpose of a complaint against the police and so would to that extent, in principle, attract public interest immunity from disclosure, they were made predominantly for the purpose of the investigation by the police of a violent death, to which no such immunity attached.
Fox LJ said: ‘As I understand the position it is the duty of the chief officer of police to convey to the coroner, for the purposes of a public inquest, all material in its possession touching the cause and circumstances of the death . . As a matter of sensible public administration it seems essential that the Coroner should have the material obtained by the police so that he, the Coroner, can decide what witnesses to call and to investigate the matter generally.’
Purchas LJ said: ‘In my judgment, in the class of documents with which we are now faced there is an overwhelming bias in favour of the public interest being served by the disclosure of those documents and that, therefore, there is no justification for creating a new class of privileged documents which would be the effect of extending the class in respect of which Neilson v. Laugharne [1981] Q.B. 736 remains an authority to the class of documents with which the court is concerned in this appeal.’
Fox LJ
[1986] QB 1064, [1986] 2 WLR 1080, [1986] 2 All ER 129
Cited – Neilson v Laugharne CA 1981
A claim was made against the Chief Constable of Lancashire for trespass, wrongful imprisonment, false arrest and assault. The Chief Constable’s response to the letter before action was to write to the plaintiff’s solicitors stating he had decided to . .
Cited – Sugar v British Broadcasting Corporation and Another (2) SC 15-Feb-2012
The claimant sought release of a report prepared by the respondent as to its coverage of the Arab/Israel conflict partly for journalistic purposes, and partly for compliance.
Held: The appeal failed. Where the report was prepared even if only . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 May 2022; Ref: scu.451298
Keith J
[2007] EWHC 1354 (Admin)
England and Wales
Cited – P, Regina (on The Application of) v HM Coroner for The District of Avon CA 18-Dec-2009
The deceased was found hanging in her prison cell. The jury returned a verdict of accidental death, not being satisfied that she was not merely making a cry for help. The family appealed a finding that the inquest had satisfied the requirement for a . .
Lists of cited by and citing cases may be incomplete.
Updated: 02 May 2022; Ref: scu.384385
The judicial review test is not simply whether there has been an error of law, but also whether the error has or may have resulted in a wrong verdict being entered.
Woolf LJ
[1990] 1 WLR 719
Approved – Regina v West London Coroner ex parte Gray CA 1988
Before a coroner’s jury could reach a verdict of unlawful killing, it had to be satisfied ‘that the act or omission of a single person must amount to unlawful conduct which was a substantial cause of death’, although Rule 42 of the Coroners Rules . .
Cited – O’Connor, Regina (On the Application of) v HM Coroner for District of Avon and Another Admn 7-May-2009
Two children died when their father jumped with them from a hotel balcony. The father had been acquitted in Crete of manslaughter after evidence of his psychiatric condition. The applicant now challenged the English coroner’s verdict of unlawful . .
Lists of cited by and citing cases may be incomplete.
Updated: 02 May 2022; Ref: scu.342123
The death occurred whilst diving some eight or nine miles offshore. The applicant, the deceased’s father challenged the coroner’s decision to refuse jurisdiction for an inquest.
Held: The body was not, in the terms of the 1926 Act, ‘in or near the area within which he had jurisdiction’.
Held: The wording used ordinary words of the English language, and its interpretation was within the coroner’s discretion. The distance was such as to make the coroner’s decision proper.
[1988] 1 WLR 1194, [1989] 1 All ER 30, (1989) 153 JP 1, (1988) 152 JPN 771, (1988) 132 SJ 1216
England and Wales
Considered – Guardians of the Society of Keelman on the River Tyne v Davison 1864
. .
Cited – Regina v Coroner for Southern District of Greater London, ex Parte Driscoll Admn 22-Oct-1993
The applicant, a sister of the deceased, requested a judicial review of the decision of the coroner not to allow her to be represented and to cross examine witnesses.
Held: One of the coroner’s letters had been offensive and misleading. A . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 April 2022; Ref: scu.229165
The test of whether a coroner should grant anonimity to a witness involved a decision on whether or not there was objective evidence to show that the fears of the Respondent established a serious or real possibility of danger to life. Burton J stated that it was common ground that ‘The fundamental principle at stake is one of open justice. It is important that justice both in the courts and in the courts of record, such as the Coroner’s courts, be done in public thus not only that the public have access to the court but they have access to the information given in court unless an exception to that rule is established to be necessary. This principle was originally laid down, and has often been repeated thereafter, in Scott v Scott [1913] AC 417.
Departure from that general rule must be an exception and such exception must be regarded strictly.’ and ‘The nature of the hearing must be relevant. It is likely to be more difficult for there to be such restrictions imposed in a criminal trial, where, for example, an accused’s lawyers may or will need as much information as they can about a witness in order to be able to challenge credibility, than an inquest or inquiry where, as here, the Coroner in any event knew the identity of the witnesses.’
Burton J
[1999] 164 JP 283
Cited – Bennett v Officers A and B and Commissioner of Police for the Metropolis CA 2-Nov-2004
Police Officers had been involved in a shooting in which a man died. They were granted anonymity before the coroner’s court, on evidence suggesting they might be at risk. The family of the deceased appealed.
Held: The coroner misdirected . .
Cited – LM, Re (Reporting Restrictions; Coroner’s Inquest) FD 1-Aug-2007
A child had died. In earlier civil proceedings, the court had laid responsibility with the mother. Restrictions had been placed on the information which would effectively prevent the coroner conducting his inquest. The coroner sought a lifting of . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 April 2022; Ref: scu.220483
The deceased’s father sought an order prohibiting the coroner from conducting an inquest on his dead daughter. Among his grounds was that the coroner might appear to be biased because of an outstanding application for costs against the coroner arising out of an earlier application for judicial review reversing the Divisional Court and held that the coroner did have jurisdiction to conduct an inquest even though the deceased had died abroad.
Held: There was no criticism of the coroner in those proceedings, and no suggestion of misconduct: ‘Mr Simon Brown submitted that it is singularly unusual for any order for costs to be made against a public judicial body in the absence of any misconduct on its part, even if that body appears at the proceedings to resist the application. Where the body does not appear at the proceedings to resist the application then in Mr Simon Brown’s experience, he had never known of an order for costs being made against the judicial body in question in the absence of misconduct.’ The court approved this understanding.
Webster J
[1985] 149 JP 97, [1985] QB 1096, [1985] 2 WLR 332, [1985] 129 SJ 131, [1985] 1 All ER 100
England and Wales
Cited – Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 April 2022; Ref: scu.194539
The applicant, a sister of the deceased, requested a judicial review of the decision of the coroner not to allow her to be represented and to cross examine witnesses.
Held: One of the coroner’s letters had been offensive and misleading. A close blood relative should normally be allowed to be represented. The coroner had erred in taking account of the bad relations between the applicant and the deceased’s widow. The route by which the coroner had arrived at his decision was so seriously flawed that the inquest verdict itself ought not to be allowed to stand. The test was whether an applicant’s desire to participate went beyond the wish to give relevant evidence and extended to a genuine concern regarding the scope of the inquest with an associated need to put views to witnesses.
As to the costs of the appeal, although one of the two sisters had received emergency legal aid, the other was unlikely to qualify for legal aid. The court identified why it should make a costs order against the coroner: (1) There was some evidence that the coroner had behaved ‘improperly’; (2) He had defended his decision in court and had therefore entered into the ‘lis’; and (3) The applicants would have to pay a significant amount of costs themselves if the costs order was not made against the coroner.
Kennedy LJ and Pill J
[1994] 159 JPR 45, Ind Summ 22-Nov-1993, Independent 11-Oct-1993, [1994] COD 91
England and Wales
Cited – Regina v East Sussex Coroner Ex parte Healy QBD 1988
The death occurred whilst diving some eight or nine miles offshore. The applicant, the deceased’s father challenged the coroner’s decision to refuse jurisdiction for an inquest.
Held: The body was not, in the terms of the 1926 Act, ‘in or near . .
Cited – Regina v Poplar Coroner ex parte Thomas CA 15-Dec-1992
The deceased, aged 17, had had a severe asthma attack. The ambulance was delayed and she was taken to the hospital, but died on the way there despite assistance from police officers and latterly the ambulance staff. Evidence suggested that she might . .
Cited – Regina v HM Coroner for Portsmouth Ex parte Keene (John) QBD 1989
The applicant challenged the coroner’s conduct of the inquest saying it had been carried out in a perfunctory manner.
Held: Even though the coroner was aware of information tending to a particular verdict, the inquest should be carried out . .
Cited – Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 April 2022; Ref: scu.194542
Several police officers obtained an order directing a new inquest in a case in which the coroner was held to have misdirected the jury in relation to a possible verdict of unlawful killing. The misdirection was severe, but the issues and law were complex. Notwithstanding that the coroner had been represented: ‘If an order for costs was made against this coroner . . it would be no reflection upon him. It is equally wrong of course that a number of men have had to come here to have this inquisition quashed and have to pay for it. In vehicles of investigation of this kind when they go wrong the public should pay, should they not? We will not make an order for costs against the coroner or a charge on the legal aid fund, but we regard the situation as unsatisfactory: that is to say, save by going to the legal aid fund or going to a local authority, who may or may not be behind the coroner, parties who have had to come and successfully come to upset an inquisition have to pay their own way. That is the position here. Regretfully we have to say that is how it must stand.’
Watkins LJ
(1986) 151 JPR 209
England and Wales
Cited – Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 April 2022; Ref: scu.194540
The father of the deceased sought to have the coroner quash the inquest. His daughter had died in Spain from carbon monoxide poisoning, apparently emanated from a faulty water heater in the apartment in which she had stayed. Her body had been returned to England. The verdict had been open, but the coroner had sat without a jury, and left several questions open.
Held: It was not obligatory to summon a jury where a death occurred abroad. There were clearly circumstances requiring investigation, and the coroner might have summoned a jury, but the case was now old, and it could not be said that no coroner acting properly could have reached the same verdict. The Coroner’s powers to summon witnesses were exercisable even though the death had occurred abroad.
Staughton LJ said: ‘Then I turn to the fourth point: the fact that the coroner did not summon a jury. In the light of what I have just said this was a case which cried out for an inquiry into the possibility of repetition. It may well be that the coroner should have summoned a jury in this case. Nobody, in fact, suggested to him that he should do so. But it seems to me that he could very well have said to himself, ‘There are circumstances here which point to a danger of repetition or recurrence,’ and thought the case to be within section 8(3)(d).
Mr Burnett, who appeared for the coroner, has argued that that passage in section 8 does not apply when the inquest is on a death that occurred abroad. We have been referred to some familiar cases about the territorial application of English statutes. I can quite see in section 8(3)(a), (b) and (c) that it may be that those paragraphs would not apply when the death occurred abroad. Those deal with death in prison, death in police custody and death from accident, poisoning or disease for which notification is required. The same reasoning does not apply to paragraph (d). It seems to me just as important that the section of the public who travel to Spain on holiday should be protected from dangerous gas heaters as the section of the public which stays at home. So I reject the argument that paragraph (d) does not apply when the death occurs abroad.
As I have said, I consider that the coroner could well have summoned a jury in this case, and possibly that he should have done.’
Staughton LJ, Rougier J
Times 09-Dec-1995, [1995] 37 BMLR 164
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 North Humberside and Scunthorpe Coroner ex parte Jamieson CA 27-Apr-1994
The deceased prisoner had hanged himself. He had been a known suicide risk, and his brother said that the authorities being so aware, the death resulted from their lack of care. The inquest heard in full the circumstannces leading up to the death, . .
Cited – Regina v Coroner for Western District of Sussex Ex Parte Homberg Roberts and Mannerss QBD 27-Jan-1994
A Coroner’s enquires should be as to ‘how’ the death arose, and not into all the circumstances contributing to the death.
Simon Brown LJ said: ‘It is clear that the coroner’s over-riding duty is to inquire ‘how’ the deceased came by his death . .
Cited – 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 . .
Cited – Shafi v HM Senior Coroner for East London Admn 20-Jul-2015
The claimant’s son had died in a prison attached to a police station in Dubai. She sought a new inquest saying that the first had been inadequate.
Held: A new inquest was ordered. There had been difficulties in that the Dubai authorities had . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 April 2022; Ref: scu.82070
Whether the circumstances surrounding the death of Jacqueline Maguire (known as Jackie) required the coroner to allow the jury at her inquest to return an expanded conclusion in accordance with section 5(2) of the Coroners and Justice Act 2009
The Rt Hon the Lord Burnett of Maldon
Lord Chief Justice of England and Wales
The Rt Hon Sir Ernest Ryder
Senior President of Tribunals
And
The Rt Hon Lady Justice Nicola Davies DBE
[2020] EWCA Civ 738, (2020) 176 BMLR 50, [2020] Inquest LR 83, [2020] WLR(D) 333, [2021] QB 409, [2020] COPLR 654, [2020] 3 WLR 1268, [2021] 2 All ER 93, [2020] Med LR 331
Coroners and Justice Act 2009 5(2)
England and Wales
Cited – Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others Admn 27-Apr-2022
Patient transfer policy was unlawful
The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 April 2022; Ref: scu.651255
Whether there is a duty to hold a Middleton inquest following the death of a voluntary in-patient of a psychiatric rehabilitation unit due to an overdose of recreational drugs when she was at home in the community.
Lord Justice Popplewell
[2021] EWHC 1603 (Admin), [2021] WLR(D) 333, [2021] 3 WLR 919, [2021] QB 1205
England and Wales
Cited – Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others Admn 27-Apr-2022
Patient transfer policy was unlawful
The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 April 2022; Ref: scu.663218
[2018] EWHC 1286 (Admin)
England and Wales
Updated: 24 April 2022; Ref: scu.618990
The respondent appealed from orders made as to the conduct of an investigation into an attempted suicide in prison. The judge had severely criticised the appellant’s treatment of the case.
Held: The appeal failed. The court recited the requirements for an independent inquiry into such an incident in custody. The judge was correct to require an inquiry in public with representation for the family. The original proposal had now been overtaken by the 2005 Act. The Act did not provide a right to cross examine witnesses. That must be a matter for the discretion of the judge.
The family must be able to participate effectively in the inquest.
Lord Justice Dyson Lord Justice Tuckey Sir Anthony Clarke MR
[2006] EWCA Civ 143, Times 21-Mar-2006, [2006] 3 All ER 946, [2006] HRLR 24
European Convention on Human Rights 3, Inquiries Act 2005
England and Wales
Cited – Jordan v United Kingdom; McKerr v United Kingdom; similar ECHR 4-May-2001
Proper Investigation of Deaths with Army or Police
Claims were made as regards deaths of alleged terrorists in clashes with the UK armed forces and police. In some cases the investigations necessary to justify the taking of life had been inadequate. Statements made to the inquiry as to the . .
Cited – Edwards v The United Kingdom ECHR 14-Mar-2002
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His . .
Cited – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
Cited – Goodson v HM Coroner for Bedfordshire and Luton and Another (No 2) CA 12-Oct-2005
The applicant intended to appeal refusal of her challenge to the verdict of the coroner. For the first time at appeal she sought a protective costs order.
Held: The Corner House case established that a request for a protective costs order . .
Cited – Oneryildiz v Turkey ECHR 30-Nov-2004
(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal household refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house killing his close relatives.
Held: The . .
Cited – Menson v United Kingdom ECHR 6-May-2003
There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No . .
Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Appeal from – D, Regina (on the Application of) v Secretary of State for the Home Department Admn 28-Apr-2005
D was undergoing trial for offences and was held in prison. He self-harmed repeatedly, and was recorded to require extra vigilance. He attempted to hang himself. Prison staff saved his life, but he was left paraplegic, and was then detained under . .
Cited – JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department HL 26-Nov-2008
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this.
Held: There existed a similar duty to hold an enhanced . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 April 2022; Ref: scu.238756
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected by any duty of the state to enquire as to the cause of the death. It was not clear that no responsibility could attach to the police. The attack was of the sort which the deceased had feared and for which he had sought help. There were real doubts that even an inquest could provide the sort of enquiry required under human rights law since the jury would be restricted in the verdicts it could return. The coroner’s appeal succeeded. (Lord Mance and Baroness Hale dissenting)
Lord Brown of Eaton-under-Heywood said that the interpretative effect that Community law required was strictly confined to those case where, on their particular facts, the application of the domestic legislation in its ordinary meaning would produce a result incompatible with the relevant European Community legislation: ‘In cases where no European Community rights would be infringed, the domestic legislation is to be construed and applied in the ordinary way.’
Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Mance
[2007] UKHL 13, [2007] 2 WLR 726, [2007] 2 All ER 1025, [2007] 2 AC 189
Coroners Act 1988 16(3), Human Rights Act 1998
England and Wales
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 – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Cited – In re McKerr CANI 10-Jan-2003
The appellant’s son and two others had been shot dead by police officers. There remained considerable controversy over the circumstances. The matter had been taken to the ECHR which had found the enquiry inadequate. The parties now disputed the . .
Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
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 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 . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Appeal from – Hurst v Coroner Northern District of London Admn 4-Jul-2003
The deceased was killed by Mr Reid, a neighbour, who was convicted of his manslaughter.
Held: The court quashed the coroner’s refusal to accede to the application of the deceased’s father to resume an adjourned inquest into the death, at which . .
Cited – Regina v Inner West London Coroner Ex Parte Dallaglio, and Ex Parte Lockwood Croft CA 16-Jun-1994
A coroner’s comment that the deceased’s relative was ‘unhinged’ displayed a bias which was irreparable. ‘The description ‘apparent bias’ traditionally given to this head of bias is not entirely apt, for if despite the appearance of bias the court is . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Regina v Walthamstow Coroner, Ex parte Rubenstein 19-Feb-1982
The 1988 Act was a consolidating Act. . .
Cited – Regina v Secretary of State for Transport, Ex parte Factortame Ltd HL 18-May-1989
The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference . .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – Pearson v HM Coroner for Inner London North Admn 9-Mar-2005
Relatives of the deceased said that the inquest carried out by the coroner was inadequate in Jamieson terms and had not satisfied the human rights issues. Maurice Kay LJ rejected the argument saying: ‘One does not reach the stage of resort to . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Imperial Chemical Industries v Colmer ECJ 16-Jul-1998
A member state was not allowed to impose a tax regime which discriminated against the subsidiaries of a company based in that state where they were based in other member states, but discrimination was allowed where the subsidiaries were based . .
Cited – Imperial Chemical Industries v Colmer ECJ 16-Jul-1998
A member state was not allowed to impose a tax regime which discriminated against the subsidiaries of a company based in that state where they were based in other member states, but discrimination was allowed where the subsidiaries were based . .
Cited – Regina v Lyons, Parnes, Ronson, Saunders HL 15-Nov-2002
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights.
Cited – Gingi v The Secretary of State for Work and Pensions CA 14-Nov-2001
It is possible that in some circumstances the same enactment may be construed differently according to whether it applies in circumstances covered by a directive. Arden LJ approved the following passage from Bennion: ‘It is legitimate for the . .
Cited – Regina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .
Cited – Regina v Chief Immigration Officer, Heathrow Airport, Ex parte Salamat Bibi CA 1976
Lord Denning MR said that: ‘Treaties and declarations do not become part of our law until they are made law by Parliament’.
Iin relation to the application of broad Convention principles in the context of immigration powers, he said: ‘I . .
Cited – Fernandes v Secretary of State CA 1981
Article 8 of the Convention was relied upon by the appellant to resists his return.
Held: The Secretary of State in exercising his statutory powers was not obliged to take into account the provisions of the Convention, it not being part of the . .
Cited – CREEDNZ Inc v The Governor General 1981
(New Zealand) The court looked at those considerations which a decision maker can choose for himself whether or not to take them into account. Cooke J said: ‘what has to be emphasised is that it is only when the statute expressly or impliedly . .
Cited – In Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .
Cited – Chundawadra v Immigration Appeal Tribunal CA 1988
Ratification of the European Convention on Human Rights did not create a justiciable legitimate expectation that the Convention’s provisions would be complied with. Slade LJ said there was no evidence of ‘any relevant express promise or regular . .
Cited – Regina v Secretary of State for the Environment, Ex parte NALGO CA 1992
Neill LJ explained article 8 of the Convention in the light of Brind: ‘(1) Article 10 is not part of English domestic law. It is therefore not necessary for the Minister when exercising an administrative decision conferred on him by Parliament to . .
Cited – Rantzen v Mirror Group Newspapers (1986) Ltd and Others CA 1-Apr-1993
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by . .
Cited – Bolton Metropolitan Borough Council and Others v Secretary of State for Environment and Others CA 4-Aug-1994
A decision maker can take a preliminary view of a matter provided that he continues to keep an open mind. . .
Cited – Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others HL 25-May-1995
There had been an application in 1986 for planning permission for a shopping centre in Trafford. There were two public enquiries, followed, as public policy changed by further representations. The plaintiff complained that the eventual decision . .
Cited – McCann and Others v The United Kingdom ECHR 6-Oct-1995
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the . .
Cited – Regina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London Admn 16-Dec-2004
A patient suffering schizophrenia had been a voluntary patient. He was allowed to visit another unit within the hospital grounds, but then left altogether and was next found preparing to jump from Tower Bridge. He was taken by ambulance to Hospital . .
Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Cited – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – McCaughey and Another, Re Application forJudicial Review SC 18-May-2011
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. . .
Cited – Parkwood Leisure Ltd v Alemo-Herron and Others SC 15-Jun-2011
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
Cited – ANS and Another v ML SC 11-Jul-2012
The mother opposed adoption proceedings, and argued that the provision in the 2007 Act, allowing a court to dispense with her consent, infringed her rights under Article 8 and was therefore made outwith the powers of the Scottish Parliament.
Cited – NHS Manchester v Fecitt and Others CA 25-Oct-2011
The appellant challenged reversal by the EAT of a finding that it had not unlawfully victimised the respondents for the making of a protected disclosure. The claimant had reported a co-worker exaggerating his qualifications. After repeated . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 April 2022; Ref: scu.251022
[2018] EWHC 1501 (Admin)
England and Wales
Updated: 24 April 2022; Ref: scu.618418
The situation where a person is taken into an intensive care unit for the purpose of life-saving treatment and is unable to give their consent to their consequent loss of liberty, does not result in a deprivation of liberty for article 5 purposes so long as the loss of liberty is due to the need to provide care for them on an urgent basis because of their serious medical condition, is necessary and unavoidable, and results from circumstances beyond the state’s control
[2017] EWCA Civ 31, [2017] COPLR 172, [2017] Inquest LR 118, [2017] WLR(D) 43, [2017] 3 WLR 382, [2017] Med LR 161, 2018] QB 487
England and Wales
Cited – In re D (A Child) SC 26-Sep-2019
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 April 2022; Ref: scu.573608
The claimant’s son had been one of six soldiers of the Royal Military police to have been murdered by an armed mob attacking a police station in Iraq in 2003. The said that their deaths had not been properly or sufficiently investigated. The corone had requested the police to investigate whether there had been any failure to take steps to protect the soldiers which constituted a criminal offence. The police had declined to do so, saying that any such investigation should be carried out by the appropriate military authority.
Fulford LJ, Leggatt J
[2014] EWHC 2391 (Admin)
European Convention on Human Rights 2
England and Wales
Cited – Connelly v Director of Public Prosecutions HL 1964
Plea of Autrefois Acquit is Narrow in Scope
The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict.
Held: The majority identified a narrow . .
Cited – Al-Skeini and Others v The United Kingdom ECHR 7-Jul-2011
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Lists of cited by and citing cases may be incomplete.
Updated: 15 April 2022; Ref: scu.534301
[2011] ScotSC 104
Scotland
Updated: 12 April 2022; Ref: scu.463983
[1855] EngR 48, (1854-1855) 5 De G M and G 228, (1855) 43 ER 857
England and Wales
Updated: 12 April 2022; Ref: scu.291970
[1866] EngR 30, (1866) 4 F and F 1094, (1866) 176 ER 921
England and Wales
Updated: 12 April 2022; Ref: scu.280741
‘The coroner’s task in a case such as this is a formidable one . . once again, it should not be forgotten that an inquest is a fact-finding exercise and not a method of apportioning guilt. The procedure and rules of evidence which are suitable for the one are unsuitable for the other. In an inquest it should never be forgotten that there are no parties, there is no indictment, there is no prosecution, there is no defence, there is no trial, simply an attempt to establish facts. It is an inquisitorial process, a process of investigation quite unlike a criminal trial where the prosecution accuses and the accused defends, the judge holding the balance or the ring, whichever metaphor one chooses to use’.
Lord Lane CJ
Unreported, 8 July 1982
England and Wales
Updated: 12 April 2022; Ref: scu.224067
The court awarded costs against a coroner on an appeal even though he had only taken part by the filing of an affidavit.
Phillips LJ, Hooper J
[1996] 161 JPR 521
England and Wales
Doubtd – Regina v Lincoln Coroner, Ex Parte Hay Admn 19-Feb-1999
Coroners Society recommended to publish pre-trial guidelines and prepare a list of witnesses to be called showing in each case a brief summary of the evidence expected to be given by that witness in order to assist parties at inquests. A costs order . .
Cited – Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 April 2022; Ref: scu.194543
The deceased had been shot by police, mistakenly believing him to be carrying a gun. The relatives resisted admission of evidence from the police of his convictions.
Held: Evidence of previous convictions of the deceased or of decisions made by the Crown Prosecution Service about matters involving the deceased, should only be admitted in evidence in exceptional circumstances, where they related to issues under article 2, and should not have been admitted here. They had no relevance to the issues properly before the jury. Before admitting such evidence, the coroner should ensure that other interested parties would have advance notice of the intention to admit such evidence.
Silber J
Times 12-Jun-2003
European Convention on Human Rights 2
England and Wales
Updated: 12 April 2022; Ref: scu.183826
The Commission was a creation of statute, and had not been given power to intervene in judicial proceedings. The coroner was investigating deaths at Omagh from a terrorist bombing, and the Commission sought to intervene. The Act should not be read restrictively, but nor could provisions be read into it which did not exist at will. The Commission had its own powers to commence investigations. When it might become involved in proceedings, either it sought to influence the outcome or it did not. If it did not, it was an improper distraction, and if it did it would be an improper intrusion, threatening the appearance of independence of the judiciary. In either case costs would be increased and have to be paid, and new issues of equality of arms would arise.
Times 11-May-2001
Updated: 10 April 2022; Ref: scu.88484
The Coroners’ rule requiring a witness to give evidence in person did not stop the use of screen to protect the witness.
Times 19-Jan-1998
Coroners Rules 1984 (1984 No 552) 17
Updated: 09 April 2022; Ref: scu.87424
An unlawful killing verdict to be left to jury if the evidence which might support that verdict was not incredible.
Independent 21-Sep-1993
Updated: 09 April 2022; Ref: scu.86759
A coroner may be liable for costs after a wrongful refusal of an adjournment. A mistake by a medical expert caused the need for a new inquest. A request that the coroner should pay the applicant’s costs was granted. The court identified why the order should be made: (1) Although it was not a case which called for strong disapproval of the coroner’s actions, the court had attached some measure of blame to him; (2) More importantly, he had sought to defeat the challenge to his decisions, and was certainly not represented in the role of amicus curiae, or anything of that nature. He would no doubt have been seeking his costs and would have been entitled to them if he had won; (3) The applicant was not legally aided; (4) The court was unable to recognise any principle that said that in these circumstances some special protection should be give to the coroner.
McCowan LJ and Buxton J
Ind Summary 12-Sep-1994, Times 19-Oct-1994, [1995] 6 Med LR 116
Cited – Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent.
Held: The coroner, and others in a similar position . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.86440
The inquest was said to have been flawed because relevant material was withheld from the jury, factual issues were not addressed, and the Coroner had refused to leave open the possibility of a verdict of lack of care or neglect. The deceased had been in custody and a verdict of accidental death was returned.
Held: The Court could not be satisfied that enough had been done to ascertain whether there was a traumatic cause to the deterioration of the deceased which took place while he was in a police cell. The court felt unable to determine whether a different verdict would emerge from a fresh inquest, but because the inquiry had been inadequate a fresh inquest was ordered. A failure to resolve discrepancies in papers required a new inquest. There should be a new inquest with consideration being given to the question of neglect, where there was new evidence (which had not been investigated at the inquest) which could support a different verdict; and that in the circumstances it was necessary and desirable in the interests of justice that the inquisition be quashed and a new inquest held.
Newman J
Times 03-Apr-1996, [1996] 35 BMLR 48, (1996) COD
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 on the Application of Mullholland v HM Coroner for St Pancras QBD 7-Nov-2003
The applicant sought to re-open a coroner’s inquest. The deceased had been drunk, slipped banged his head and fallen to the ground. Police and ambulance were called. The ambulance worker was not told he had been unconscious, and he was taken to the . .
Cited – Bloom v HM Assistant Deputy Coroner for the Northern District of London and Another Admn 20-Dec-2004
The deceased had gone to hospital and was diagnosed as having a kidney stone. As it was removed there was evidence of infection. She declined and was transferred to the local NHS hospital in intensive care. She died and a post-mortem identified . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 April 2022; Ref: scu.84476
A coroner was obliged to sit with a jury under the section 13(2) of the 1926 Act where the deceased, who was watching a demonstration, was struck a violent blow on the back of his head from which he died.
Bridge LJ said: ‘The key to the nature of that limitation is to be found, I think, in the paragraph’s concern with the continuance or possible recurrence of the circumstances in question.’ The recurrence of the circumstances referred to are those which ‘may reasonably and ought properly to be avoided by the taking of appropriate steps which it is in the power of some responsible body to take.’
Lord Denning MR: ‘when the circumstances are such that similar fatalities may possibly recur in the future, and it is reasonable to expect that some action should be taken to prevent their recurrence.’
Sir David Cairns said: ‘The difficulty is to find a meaning which does not do violence to the words of the Act and which gives effect to what may be taken to have been the intention of Parliament. The reference to ‘continuance or possible recurrence’ indicates to my mind that the provision was intended to apply only to circumstances the continuance or recurrence of which was preventable or to some extent controllable. Moreover, since it is prejudice to the health or safety of the public or a section of the public that is referred to, what is envisaged must I think be something which might be prevented or safeguarded by a public authority or some other person or body whose activities can be said to affect a substantial section of the public. I cannot find any justification for any further limitation of the meaning of the paragraph in question.’
Lord Denning MR, Bridge LJ, Cairns Sir David
[1980] QB 211
Coroners (Amendment) Act 1926 13(2)
England and Wales
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
Cited – 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.
Updated: 08 April 2022; Ref: scu.235494
Lord Burnett of Maldon CJ, Treacy, Hickinbottom LJJ
[2018] EWCA Civ 6
England and Wales
Updated: 03 April 2022; Ref: scu.602956
Application for judicial review of refusal of legal aid for representation at coroner’s inquest.
[2007] EWHC 2106 (Admin)
England and Wales
Updated: 02 April 2022; Ref: scu.259640
[2017] EWHC 3117 (Admin)
England and Wales
Updated: 02 April 2022; Ref: scu.601442
[2017] EWHC 3201 (Admin)
England and Wales
Updated: 02 April 2022; Ref: scu.601418
[2017] EWHC 3000 (Admin)
England and Wales
Updated: 02 April 2022; Ref: scu.601420
The court was asked whether a coroner or a coroner’s jury, after hearing the evidence at an inquest into a death, may lawfully record a conclusion to the effect that the deceased committed suicide reached on the balance of probabilities; or whether such a conclusion is only permissible if it has been proved to the criminal standard of proof (i.e. so that the coroner or jury is sure that the deceased did an act which was intended to and did cause his or her own death).
Held: The claim failed.
There is a logical difficulty: ‘A narrative conclusion to the effect that on the balance of probabilities the deceased did a deliberate act which caused his own death intending the outcome to be fatal clearly amounts to a conclusion that the deceased committed suicide whether or not the word ‘suicide’ is used. It is sophistry to say that such a conclusion is not one of suicide because the required standard of proof has not been met. The standard of proof even if referred to in the record of inquest, as it was in this case, is not itself part of the substantive conclusion adopted by the coroner or jury. It is simply a statement of the evidential test which must be met in order to reach a particular conclusion. If the standard of proof required to determine that the deceased committed suicide is the criminal standard and the necessary facts have been proved only on the balance of probabilities, this does not mean that a conclusion which records those facts is not one of suicide. It means that the coroner or jury cannot lawfully reach that conclusion.’
‘We consider the true position to be that the standard of proof required for a conclusion of suicide, whether recorded in short-form or as a narrative statement, is the balance of probabilities, bearing in mind that such a conclusion should only be reached if there is sufficient evidence to justify it.’
Leggatt LJ, Nicol J
[2018] EWHC 1955 (Admin), [2018] Inquest LR 225, [2018] ACD 105, [2019] 1 All ER 561
England and Wales
At First Instance – Maughan, Regina (on The Application of) v Her Majesty’s Senior Coroner for Oxfordshire CA 10-May-2019
Standard of Proof of Suicide at Inquest
Questions of importance concerning the law and practice of coroners’ inquests where an issue is raised as to whether the deceased died by suicide. The questions can be formulated as follows:
(1) Is the standard of proof to be applied the . .
At Admn – Maughan, Regina (on The Application of) v Her Majesty’s Senior Coroner for Oxfordshire SC 13-Nov-2020
Standard of Proof for Narrative Verdict
‘This appeal arises out of the inquest held into the death of Mr James Maughan. It concerns the standard of proof, or degree of conclusivity, required for the determination of the result of an inquest into a death where the question is whether the . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 April 2022; Ref: scu.620653
[2017] EWHC 2499 (Admin)
England and Wales
Updated: 01 April 2022; Ref: scu.598400
[2017] EWHC 2557 (Admin)
England and Wales
Updated: 01 April 2022; Ref: scu.598389
The coroner refused to allow access to the sister of the deceased subject of the inquest to the papers and statements in advance of the inquest. The fact that the rules allowed it but impose do clear duty did not mean that he should not look to the circumstances of the case, and recognise the unfairness of disallowing advance disclosure to those representing the relatives.
Times 23-Mar-2001
Coroners Rules 1984 (1984 No 552) 57(1)
England and Wales
Updated: 31 March 2022; Ref: scu.88374
Holroyde J
[2017] EWHC 2039 (Admin)
England and Wales
Updated: 29 March 2022; Ref: scu.593612
Coroners Court for Northern Ireland – application for exhumation of deceased (from 1971) in anticipation of new inquest.
[2017] NICoroner 3
Northern Ireland
Updated: 28 March 2022; Ref: scu.592029
[2017] EWCA Civ 142
England and Wales
Updated: 24 March 2022; Ref: scu.581294
Horner J
[2016] NICoroner 3
Northern Ireland
See Also – Jordan, Re Inquest Into The Death of Misc 7-Nov-2016
. .
See Also – Re Jordan Misc 21-Nov-2016
. .
Lists of cited by and citing cases may be incomplete.
Updated: 24 March 2022; Ref: scu.581147
[2016] NICoroner 2
Northern Ireland
See Also – Re Jordan Misc 5-Dec-2016
. .
See Also – Jordan, Re Inquest Into The Death of Misc 7-Nov-2016
. .
Lists of cited by and citing cases may be incomplete.
Updated: 24 March 2022; Ref: scu.581144
The applicant sought an order requiring the Coroner to provide a digitised recording of his summing up in an inquest regarding deaths at its facility at Porton.
Held: It should not be necessary for the claimant to set out just precisely which part of the summing up was of concern, provided the other party knew what were the relevant allegations. Since the Coroner, if he acted properly and reasonably, would be indemnified by his local authority, he would not be entitled to a protective costs order.
There was ‘no reason in principle why a protective costs order should not in an appropriate case extend to protect the position of a defendant’, but such an order would be ‘unusual and no doubt exceedingly rare’.
Collins J
Times 05-May-2005, [2005] EWHC 889 (Admin), [2006] 1 WLR 134
England and Wales
Cited – London Borough of Camden v The Parking Adjudicator and Others Admn 18-Feb-2011
The council appealed after parking adjudicators allowed four appeals where the council had imposed a surcharge on the payment of civil parking penalties where payment was made by credit card. . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 February 2022; Ref: scu.224881
The deceased, aged 17, had had a severe asthma attack. The ambulance was delayed and she was taken to the hospital, but died on the way there despite assistance from police officers and latterly the ambulance staff. Evidence suggested that she might have survived if she had been got to the hospital earlier, but the cause of death was the asthma attack. The family challenged the failure to hold an inquest. The divisional court held the death may have been unnatural, and that the public interest required an inquest.
Held: The coroner did not have a discretion about holding an inquest only because of the public interest. His duty was set out in the Act. He was wrong to preclude himself from investigating a death from lack of care. It was important to have consistency in decisions about whether to hold inquests. The word ‘unnatural’ in the section should be given its ordinary meaning and that the question of natural or unnatural depended on the cause of death and that this was essentially a practical question of fact. The circumstances surrounding the death may turn what might otherwise be a natural death into an unnatural one. Simon Brown LJ: ‘I agree that unnatural is an ordinary word of the English language and that there is nothing to suggest that in S8(1) of the Coroners Act 1988 it is being used in any unusual sense. That, however, is not to say that whether or not a particular death is properly to be regarded as unnatural is a pure question of fact. On the contrary it seems to me that some guidance at least can and should be given as a matter of law by the Courts to Coroners so that they may focus their attention upon the real considerations material to the decision and, one hopes, thereby achieve an essential measure of consistency in their approach to the section.’ and ‘Merely, however, because the Coroner’s inquest may nowadays may be though lacking any very clear or cogent role is no sufficient reason for adopting too narrow an approach to S.8. I repeat, it seems to me necessary to recognise that cases may well arise in which human fault can and properly should be found to turn what would otherwise be a natural death into an unnatural one, and into which, therefore, an inquest should be held.’ Dillon LJ: ` . . it is not the function of a coroner’s inquest to provide a forum for attempts to gather evidence for pending or future criminal or civil proceedings.’
Simon Brown LJ, Dillon LJ, Farquharson LJ
Gazette 10-Jun-1992, [1993] QB 610, [1993] 2 ALL ER 381, [1993] 2 WLR 547, Times 23-Dec-1992, Independent 20-Jan-1992, (1993) 157 JP 506, [1993] COD 178, (1993) 157 JPN 349
England and Wales
Cited – Independent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
Cited – Regina v Coroner for Southern District of Greater London, ex Parte Driscoll Admn 22-Oct-1993
The applicant, a sister of the deceased, requested a judicial review of the decision of the coroner not to allow her to be represented and to cross examine witnesses.
Held: One of the coroner’s letters had been offensive and misleading. A . .
Cited – Regina v Her Majesty’s Coroner for District of Avon ex parte Smith Admn 12-Feb-1998
The family sought judicial review of a decision not to hold an inquest into the death of the deceased. The child had died in hospital.
Held: The death had apparently been for natural causes, but the coroner had failed properly to ask himself . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 February 2022; Ref: scu.224128
These judicial review proceedings concern a decision by a coroner to leave verdicts of unlawful killing by murder and unlawful killing by gross negligence manslaughter to a jury.
Mr Justice Haddon-Cave
[2012] EWHC 1634 (Admin)
England and Wales
Updated: 06 February 2022; Ref: scu.461878
Renewed application for permission to bring judicial review proceedings in respect of an inquest conducted in 2007 by the defendant Coroner for Inner North London into the death of the claimant’s wife.
Mr Justice Blake
[2008] EWHC 2751 (Admin)
England and Wales
Updated: 06 February 2022; Ref: scu.417124
Appeal with permission against the Orders on a judicial review quashing in part the decision of the Coroner (the second respondent to this appeal) that the officers in question should give their evidence at the inquest of Andrew Hall from behind screens positioned to conceal them from the Court save from the sight of the coroner, jury, Court staff and legal representatives. The deceased died in hospital. He had been arrested by officers of the appellant’s force and taken to the hospital in handcuffs and leg restraints. Whilst at the Police station he had struggled and vomited. 16 officers were to give evidence. The family resisted that evidence being given so as to protect the officers’ identity.
Lord Justice Flaux
[2020] EWCA Civ 1375
Coroners (Inquests) Rules 2013 11 18
England and Wales
Appeal from – Dyer, Regina (on The Application of) v Admn 30-Oct-2019
Judicial review was sought of a decision by the coroner to allow police witnesses to give evidence behind screens so as to protect their identities. The deceased had been arrested, had struggled violently in custody, vomited, deteriorated and taken . .
Cited – T, Regina (on The Application of) v HM Senior Coroner for The County of West Yorkshire (Western Area) CA 28-Apr-2017
The coroner was to investigate the death of a baby, but was now asked whether it was first necessary to determine whether the child had been born alive and not still-born.
Held: The principle of open justice is a fundamental principle of . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 January 2022; Ref: scu.655179
Judicial review was sought of a decision by the coroner to allow police witnesses to give evidence behind screens so as to protect their identities. The deceased had been arrested, had struggled violently in custody, vomited, deteriorated and taken to hospital in restraints. He had died at the hospital.
Held: Review was granted.
Being able to see a witness give evidence is an important factor in assessing demeanour and credibility, but screening was common in criminal trials because the courts had recognised both the needs of vulnerable witnesses and innocent bystanders giving evidence in difficult circumstances and the benefit to the quality of their evidence from being made comfortable. This was not seen as undermining public confidence in the system of justice or the openness of the process. However, the position here was significantly different. In the case of an inquest such as this the public interest in seeing the police officers, however they were involved, was of a different nature and measure from the public interest in seeing a vulnerable complainant or witness give evidence and the risk of undermining public confidence all the more obvious.
Mrs Justice Jefford
[2019] EWHC 2897 (Admin)
England and Wales
Appeal from – Chief Constable of West Yorkshire Police and Others v Dyer and Others CA 27-Oct-2020
Appeal with permission against the Orders on a judicial review quashing in part the decision of the Coroner (the second respondent to this appeal) that the officers in question should give their evidence at the inquest of Andrew Hall from behind . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 January 2022; Ref: scu.648103
The coroner was to investigate the death of a baby, but was now asked whether it was first necessary to determine whether the child had been born alive and not still-born.
Held: The principle of open justice is a fundamental principle of common law as applicable in a coroner’s court as in any other court,
Lord Thomas of Cwmgiedd LCJ, Burnett, Irwin LJJ
[2017] EWCA Civ 318, [2017] WLR(D) 299, [2017] Inquest LR 218, (2018) 182 JP 16, [2018] 2 WLR 211
Coroners and Justice Act 2009 1 14
England and Wales
Cited – Chief Constable of West Yorkshire Police and Others v Dyer and Others CA 27-Oct-2020
Appeal with permission against the Orders on a judicial review quashing in part the decision of the Coroner (the second respondent to this appeal) that the officers in question should give their evidence at the inquest of Andrew Hall from behind . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 January 2022; Ref: scu.582100
Appeal as to re-opening of inquests on deaths in Birmingham pub bombing in 1974.
Lord Burnett of Maldon CJ, Lady Justice Hallett and Lord Justice McCombe
[2018] EWCA Civ 2081
England and Wales
Updated: 31 January 2022; Ref: scu.624193
The Rt Hon Sir Paul Girvan
[2020] NI 257, [2018] NIQB 30
Northern Ireland
Cited – Jordan, Re for Judicial Review SC 6-Mar-2019
(Northern Ireland) The deceased had been shot by a member of the Royal Ulster Constabulary in 1992. There had been inquests in 1995 and 2012, but proceedings were again brought alleging delay. The Court of Appeal had ordered a further stay of . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 January 2022; Ref: scu.636871
The Honourable Mrs Justice Steyn DBE
[2022] EWHC 28 (Admin)
England and Wales
Updated: 28 January 2022; Ref: scu.671008
Application for an order under section 13(1)(c) of the Coroners Act 1988 quashing the inquisition on the inquest into the death of Jessie Victoria Earl.
Lord Justice Warby
Mr Justice Saini
And
His Honour Judge Teague QC
Chief Coroner of England and Wales
[2021] EWHC 3468 (Admin)
England and Wales
Updated: 28 January 2022; Ref: scu.670726
Application for order quashing inquest verdict of misadventure. The deceased’s widow complained that the coroner had taken insufficient note of what she said were errors of medication.
Beatson LJ, Males J
[2016] EWHC 3078 (Admin)
Bailii
England and Wales
Coroners
Updated: 27 January 2022; Ref: scu.572359
The Home Secreary requested approval for the withholding of documents from a coroner’s inquest on the ground that disclosure would damage the public interest. The deceased had died whilst jogging, and there was a possibility that he had been unlawfully killed. He had been associated with the provision of evidence to Swiss prosecutors associating a large investment company with a fraud on their government by senior Russian officials. Materials were requested for which the coroner did not have the necessary level of security clearance and therefore the matter was referred to the High Court.
Cranston J
[2016] EWHC 3001 (Admin)
Bailii
Coroners and Justice Act 2009
England and Wales
Citing:
Cited – Worcestershire County Council and Another v HM Coroner for The County of Worcestershire QBD 20-Jun-2013
The court considered the request by the coroner for the production to him of draft overview report prepared by the respondent with its supporting reports on the work of individual officers. . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 26 January 2022; Ref: scu.571960
[1839] EngR 1085, (1839) 11 Ad and E 119, (1839) 113 ER 358
Commonlii
England and Wales
Coroners
Updated: 26 January 2022; Ref: scu.311617
Application to quash inquest verdict
Lord Justice Bean
Mr Justice Jay
[2021] EWHC 3354 (Admin)
Bailii
England and Wales
Coroners
Updated: 24 January 2022; Ref: scu.670389
A coroner having issued a death certificate following a post mortem, but without an inquest, had power, upon later receiving powerful new evidence, himself to re-open the case, and to order an inquest, and he did not first have to seek authority from the High Court. The issuing of the certificate did not make him functus officio. The need for certainty meant that such power should only be used when the evidence was powerful, and until then the certificate created a rebuttable presumption. In this case the coroner had asked himself the proper questions, and answered the reasonably, and his decision not to hold an inquest could not be challenged..
Times 12-Jan-2001
Coroners Act 1988
England and Wales
Cited by:
Appeal from – Terry v Coroner for East Sussex CA 12-Jul-2001
The issue of a certificate to the Registrar of Deaths by a coroner, after a post mortem, but on the basis that an inquest was then thought unnecessary, did not make him functus officio. The procedure under the section did not replace the scheme for . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 21 January 2022; Ref: scu.89769
The court was aked what article 2 of the European Convention on Human Rights requires of a coroner when a serving prisoner dies of natural causes.
Held: The reuest for judicial review failed. Mr Tyrrell’s death was, from the outset, one which was clearly from natural causes. The cause of death was established and then confirmed on post-mortem examination. There was no indication of state involvement in his death of the sort that would trigger the procedural obligation under article 2 ECHR. The coroner was right to conclude that the procedural obligation was not engaged.
The positive obligations under article 2 encompass a duty to account for the cause of any death which occurs in custody. The procedural obligation arises only in circumstances where the responsibility of the state is engaged in the sense that there is reason to believe that the substantive positive obligations have been breached by the state. In the case of deaths in custody the procedural obligation will be triggered in the case of all suspicious deaths, including apparent suicides.
Burnett LJ, Lang J
[2016] EWHC 1892 (Admin), CO/3068/2015
Bailii, Judiiary
European Convention on Human Rights 2, Coroners and Justice Act 2009 1(2)
England and Wales
Citing:
Cited – Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson CA 27-Apr-1994
The deceased prisoner had hanged himself. He had been a known suicide risk, and his brother said that the authorities being so aware, the death resulted from their lack of care. The inquest heard in full the circumstannces leading up to the death, . .
Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Jordan v United Kingdom; McKerr v United Kingdom; similar ECHR 4-May-2001
Proper Investigation of Deaths with Army or Police
Claims were made as regards deaths of alleged terrorists in clashes with the UK armed forces and police. In some cases the investigations necessary to justify the taking of life had been inadequate. Statements made to the inquiry as to the . .
Cited – Gentle, Regina (on the Application of) and Another v The Prime Minister and Another HL 9-Apr-2008
The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed.
Held: The . .
Cited – JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department HL 26-Nov-2008
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this.
Held: There existed a similar duty to hold an enhanced . .
Cited – Slimani v France ECHR 27-Jul-2004
A Tunisian was committed to a psychiatric hospital on several occasions. He died while detained in a detention centre awaiting deportation. The applicant complained that there had been a violation of article 2 on two grounds: the detention centre . .
Cited – Goodson v HM Coroner for Bedfordshire and Luton Admn 17-Dec-2004
A patient had died in hospital following an operation. The NHS Trust submitted that ‘There is a real distinction between cases of medical negligence, which were specifically addressed as a discrete area in Calvelli, and cases of intentional killing . .
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
Cited – Tarariyeva v Russia ECHR 14-Dec-2006
A complaint was made that the authorities had failed in their duty to protect a prisoner’s life. The authorities had him in custody for two years and knew of his health problems. He was not properly treated in the penal colony. When he had acute . .
Cited – Kats and Others v Ukraine ECHR 18-Dec-2008
The applicants were the parents and son of a prisoner who died in custody of an HIV related illness. They complained of her treatment in custody.
Held: If someone dies in custody an explanation of the cause of death must be provided, including . .
Cited – Daniel and Another v St George’s Healthcare NHS Trust and Another QBD 19-Jan-2016
The claimants as PR’s of a deceased prisoner claimed under the 1998 Act as to his treatment whilst in prison.
Held: The Claimants failed to establish violations of Articles 2 or 3 and their claim against both Defendants was dismissed. . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Prisons, Human Rights, Coroners, News
Updated: 20 January 2022; Ref: scu.567656
Nicholson LJ, McCollum LJ and Girvan J
[2004] NICA 30
Bailii
Northern Ireland
Citing:
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
Cited – Re Jordan QBNI 6-Jan-2003
. .
Cited – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
Cited by:
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See Also – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 20 January 2022; Ref: scu.213672
[2004] NICA 29, [2005] NI 144
Bailii
Northern Ireland
Citing:
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
Cited – Re Jordan QBNI 6-Jan-2003
. .
Cited – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
Cited by:
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .
Lists of cited by and citing cases may be incomplete.
Coroners, Human Rights
Updated: 20 January 2022; Ref: scu.213671
[2016] EWHC 1796 (Admin)
Bailii
England and Wales
Coroners
Updated: 20 January 2022; Ref: scu.567285
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use.
Kerr J
[2001] NIQB 32
Bailii
European Convention on Human Rights 2
Northern Ireland
Citing:
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See Also – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
Cited by:
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
See Also – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
Lists of cited by and citing cases may be incomplete.
Northern Ireland, Police, Coroners, Human Rights
Updated: 18 January 2022; Ref: scu.202161
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western District of Somerset and R (Amin) v Secretary of State for the Home Department.
[2002] NICA 27
Bailii
Northern Ireland
Citing:
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .
Cited by:
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
Cited – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
Cited – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
Cited – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
Cited – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 18 January 2022; Ref: scu.189671
(Northern Ireland) The deceased had been shot by a member of the Royal Ulster Constabulary in 1992. There had been inquests in 1995 and 2012, but proceedings were again brought alleging delay. The Court of Appeal had ordered a further stay of proceedings until conclusion of the inquest. The inquest had now been completed with its verdict.
Held: The appeal from grant of the stay was allowed.
Lord Reed stated that ‘it must be borne in mind at the outset that, in cases of the present kind, it is the delay itself which constitutes a breach of the claimant’s Convention rights’ and that ‘[t]he breach does not crystallise only after the inquest has been concluded’
Lady Hale (President), Lord Reed (Deputy President), Lord Carnwath, Lord Lloyd-Jones,
Lady Arden
[2019] UKSC 9
Bailii, Bailii Summary
European Convention on Human Rights 2
Northern Ireland
Citing:
Cited – Airey v Ireland ECHR 9-Oct-1979
Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance . .
Cited – Woodhouse v Consignia Plc; Steliou v Compton CA 7-Mar-2002
The claimant continued an action brought in her late husband’s name. The action had begun under the former rules. After the new rules came into effect, the action was automatically stayed, since no progress had been made for over a year. Her . .
Cited – Jordan, Re Judicial Review QBNI 31-Jan-2014
. .
Appeal from – Jordan, Re Judicial Review CANI 15-Oct-2018
. .
Appeal from – Jordan’s (Teresa) Application CANI 25-May-2018
. .
Cited – Jordan and Others, Re Judicial Review QBNI 20-May-2014
. .
Cited – Hughes, Re Judicial Review QBNI 8-Mar-2018
. .
See Also – Jordan, Re Judicial Review CANI 22-Sep-2015
. .
See Also – Jordan, Re Applications for Judicial Review CANI 17-Nov-2014
. .
Lists of cited by and citing cases may be incomplete.
Coroners, Human Rights, Armed Forces
Updated: 16 January 2022; Ref: scu.634242
Morgan LCJ
[2014] NICA 76, [2016] NI 116
Bailii
Northern Ireland
Cited by:
See Also – Jordan, Re for Judicial Review SC 6-Mar-2019
(Northern Ireland) The deceased had been shot by a member of the Royal Ulster Constabulary in 1992. There had been inquests in 1995 and 2012, but proceedings were again brought alleging delay. The Court of Appeal had ordered a further stay of . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 16 January 2022; Ref: scu.552627
[2014] NIQB 11
Bailii
Northern Ireland
Cited by:
Cited – Jordan, Re for Judicial Review SC 6-Mar-2019
(Northern Ireland) The deceased had been shot by a member of the Royal Ulster Constabulary in 1992. There had been inquests in 1995 and 2012, but proceedings were again brought alleging delay. The Court of Appeal had ordered a further stay of . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 16 January 2022; Ref: scu.520920
Stephens J
[2018] NICA 34
Bailii
Northern Ireland
Cited by:
Appeal from – Jordan, Re for Judicial Review SC 6-Mar-2019
(Northern Ireland) The deceased had been shot by a member of the Royal Ulster Constabulary in 1992. There had been inquests in 1995 and 2012, but proceedings were again brought alleging delay. The Court of Appeal had ordered a further stay of . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 16 January 2022; Ref: scu.625565
[2018] NICA 23
Bailii
Northern Ireland
Cited by:
Appeal from – Jordan, Re for Judicial Review SC 6-Mar-2019
(Northern Ireland) The deceased had been shot by a member of the Royal Ulster Constabulary in 1992. There had been inquests in 1995 and 2012, but proceedings were again brought alleging delay. The Court of Appeal had ordered a further stay of . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 16 January 2022; Ref: scu.625557
[2014] NIQB 71
Bailii
Northern Ireland
Cited by:
Cited – Jordan, Re for Judicial Review SC 6-Mar-2019
(Northern Ireland) The deceased had been shot by a member of the Royal Ulster Constabulary in 1992. There had been inquests in 1995 and 2012, but proceedings were again brought alleging delay. The Court of Appeal had ordered a further stay of . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Coroners
Updated: 16 January 2022; Ref: scu.526660
The claimants sought a fuller inquest into deaths at the hands of the British Army in 1990 in Northern Ireland. On opening the inquest, the coroner had declined to undertake to hold a hearing compliant with article 2, and it had not made progress. The applicants believed this would require a further investigation of the planning and control of the operation in which the deaths occurred.
Held: The appeal was allowed (Lord Rodger dissenting). The Coroner would have to hold an inquest complying with Article 2.
The Convention was a living instrument, and must be read as applied from time to time. In Silih, the Grand Chamber had departed from its earlier views, finding that in some circumstances the procedural duty to hold a compliant investigation could be detachable and operate as a freestanding one. Before Silih, the jurisprudence in Strasbourg had been that: ‘the procedural obligation was initially closely related to the substantive obligation that article 2 imposed on the state. The object of the procedural obligation was to check whether there had been a breach of the substantive obligation. If the substantive obligation did not exist the procedural obligation could not exist either.’ The decision if McKerr must be read accordingy. Though the Human Rights was not retrospective in effect, ‘the ambit of application of the Act should mirror that of the Convention. The object of the Act was to bring human rights home. This will only be achieved if claimants are able to bring in this jurisdiction claims that they would otherwise be permitted to bring before the Strasbourg Court. ‘
Lord Phillips, President, Lord Hope, Deputy President, Lord Rodger, Lady Hale, Lord Brown, Lord Kerr, Lord Dyson
[2011] UKSC 20, [2011] 3 All ER 607, [2011] 2 WLR 1279, UKSC 2010/0101
Bailii, Bailii Summary, SC, SC Summary
European Convention on Human Rights 2, Human Rights Act 1996
Northern Ireland
Citing:
At first instance – McCaughey and Quinn, Re Judicial Review QBNI 23-Sep-2009
The claimants sought leave to apply for Judicial Review of a decision of the Coroner in relation to the Inquests yet to be held into the deaths in 1990 of Martin McCaughey and Dessie Grew at the hands of members of the security forces. The claimants . .
Appeal from – McCaughey and Quinn, Re Judicial Review CANI 26-Mar-2010
The claimants challenged the mode of inquest sought to be carried out. They had been refused an undertaking that the inquest would comply with obligations under article 2.
Held: The appeal failed. McKerr remained binding on the court, even if . .
Cited – McCann and Others v The United Kingdom ECHR 6-Oct-1995
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the . .
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited – Moldovan And Others v Romania (No. 1) ECHR 12-Jul-2005
In 1993 a pogrom had taken place in a Roma village, resulting in a number of deaths and widespread destruction of property. The State, in the form of the local police, was alleged to have been implicated. Romania acceded to the Convention on 20 June . .
Cited – Silih v Slovenia ECHR 9-Apr-2009
(Grand Chamber) Article 2 imposes, in certain circumstances, a freestanding obligation in relation to the investigation of a death which applied even where the death itself had occurred before the member state ratified the Convention.: ”The court . .
Cited – Jordan v Lord Chancellor and Another (Northern Ireland) HL 28-Mar-2007
In each case a death had occurred many years earlier where the deceased had apparently died at the hands of the armed forces. The relatives now challenged the range of verdicts which could be left to a coroner’s jury.
Lord Bingham said: ‘The . .
Cited – Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Kaya v Turkey ECHR 19-Feb-1998
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (locus standi); No violation of Art. 2, not established that applicant . .
Cited – McDaid v United Kingdom ECHR 1996
(Commission) Decision on admissibility. Residents of Derry applied alleging inter alia that there had been a breach of the procedural obligation under article 2 to hold a full investigation into the ‘Bloody Sunday’ killings in 1972. They alleged . .
Cited – Regina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
Cited – Lyubov Efimenko v Ukraine ECHR 25-Nov-2010
The applicant was the mother of a young man who was robbed and killed in an attack in a bar. He died on 6 June 1993, four years and three months before the Convention came into force in relation to Ukraine. Investigations were suspended shortly . .
Cited – Varnava And Others v Turkey ECHR 10-Jan-2008
Where an individual had disappeared in circumstances raising a suspicion that he may have been killed, article 2 imposes a continuing duty to investigate the death. In this case the duty was said to have persisted for 34 years since the . .
Cited – Regina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .
Cited – Brecknell v The United Kingdom ECHR 27-Nov-2007
Allegations had been made about police collusion with killings in Northern Ireland.
Held: Where there was credible information as to a possible perpetrator of an unlawful killing, there was a duty to investigate that evidence. Here the . .
Cited – Angelova And Iliev v Bulgaria ECHR 26-Jul-2007
The applicants were mother and brother of a Roma man who had been stabbed to death by a gang of teenagers. They did not suggest any direct involvement of the state, but complained of inadequacies in the police investigation.
Held: The absence . .
Cited – Balasoiu -c- Roumanie ECHR 20-Apr-2004
The applicant complained of being beaten up by police in 1993, before Romania had acceded to the Convention, but also of delay in the procedural investigation, which was still ongoing.
Held: The latter complaint was admissible. The court did . .
Cited – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited HL 13-Oct-2005
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had . .
Cited – Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .
Cited – Voroshilov v Russia ECHR 8-Dec-2005
The applicant alleged that he had been tortured by the police in 1997, the year before the Convention came into force in the Russian Federation. Criminal proceedings were commenced in 1997 but had not concluded. The applicant claimed that the state . .
See Also – McCaughey and Another, Re Application for Judicial Review QBNI 20-Jan-2004
Application by the fathers of Martin McCaughey and Desmond Grew, who were killed by soldiers on 9 October 1990, for Judicial Review of the decisions of the Chief Constable and the Coroner concerning the disclosure of documents for the purposes of . .
See Also – Police Service of Northern Ireland v McCaughey and Another CANI 14-Jan-2005
. .
Cited by:
Cited – Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another SC 25-Nov-2015
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .
Lists of cited by and citing cases may be incomplete.
Coroners, Human Rights
Updated: 16 January 2022; Ref: scu.439808
The appellant seeks to vary the order made by Stephens J whereby he refused to order the Secretary of State for Northern Ireland to hold a public inquiry into the murder of the husband of the appellant Patrick Finucane (”PF”) and the respondent seeks to vary the limited declaration made in relation to the State’s obligations under article 2 of the European Convention on Fundamental Rights and Freedoms
Gillen LJ , Deeny J and Horner J
[2017] NICA 7
Bailii
European Convention on Human Rights 2
Northern Ireland
Cited by:
Appeal from – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .
Lists of cited by and citing cases may be incomplete.
Coroners, Human Rights
Updated: 16 January 2022; Ref: scu.605082
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Held: The jury should indeed have been given opportunity to explain their verdict: ‘By one means or another the jury should, to meet the procedural obligation in article 2, have been permitted to express their conclusion on the central facts explored before them’, but private communications between the coroner and the jury were inappropriate. In order for these rules to meet the state’s procedural investigative duty under Article 2 of the Convention the word ‘how’ in sub-rule (1)(b) of the Coroner’s Rules should now be interpreted not simply to mean ‘by what means’, as earlier cases had held, but also to include ‘and in what circumstances.’
The House considered the article 2 duties of a member state: ‘The European Court of Human Rights has repeatedly interpreted article 2 of the European Convention as imposing on member states substantive obligations not to take life without justification and also to establish a framework of laws, precautions, procedures and means of enforcement which will, to the greatest extent reasonably practicable, protect life.
The European Court has also interpreted article 2 as imposing on member states a procedural obligation to initiate an effective public investigation by an independent official body into any death occurring in circumstances in which it appears that one or other of the foregoing substantive obligations has been, or may have been, violated and it appears that agents of the state are, or may be, in some way implicated.’
Lord Bingham of Cornhill said: ‘However the jury’s factual conclusion is conveyed, rule 42 should not be infringed. Thus there must be no finding of criminal liability on the part of a named person. Nor must the verdict appear to determine any question of civil liability. Acts or omissions may be recorded, but expressions suggestive of civil liability, in particular ‘neglect’ or ‘carelessness’ and related expressions, should be avoided.’
Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Walker of Gestingthorpe, Baroness Hale of Richmond and Lord Carswell
[2004] UKHL 10, Times 12-Mar-2004, [2004] 2 WLR 800, [2004] 2 AC 182, [2004] UKHRR 501, [2004] 2 All ER 465, (2004) 79 BMLR 51, [2004] Lloyds Rep Med 288, [2004] 17 BHRC 49, (2004) 168 JPN 479, (2004) 168 JP 329
Bailii, House of Lords
Coroners Act 1988, European Convention on Human Rights 2, Coroners Rules 36
England and Wales
Citing:
Appeal from – Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire CA 27-Mar-2002
A prisoner had been killed in his cell by a cell-mate known to be unstable and racist. His family sought to be involved in the inquiry into the death within the prison system. A second prisoner hanged himself in his cell. His family alleged that he . .
Cited – LCB v The United Kingdom ECHR 9-Jun-1998
The court had no jurisdiction to consider allegations not raised before the commission or predating a country’s accession to the convention. There was no breach in a failure to record an exposure to radiation in a test. Article 2 imposes substantive . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Oneryildiz v Turkey ECHR 30-Nov-2004
(Grand Chamber) The applicant had lived with his family in a slum bordering on a municipal household refuse tip. A methane explosion at the tip resulted in a landslide which engulfed the applicant’s house killing his close relatives.
Held: The . .
Cited – Powell v United Kingdom ECHR 4-May-2000
A ten-year old boy had died from Addison’s disease. No inquest took place, because the coroner decided that the boy had died of natural causes. The parents, who were also affected by the events, had accepted compensation from the local health . .
Cited – Edwards v The United Kingdom ECHR 14-Mar-2002
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His . .
Cited – Calvelli and Ciglio v Italy ECHR 17-Jan-2002
The applicants’ baby had died shortly after birth in 1987. They complained about the medical care. The complaint was not investigated speedily by the authority, resulting in a criminal complaint becoming time barred after a conviction in 1994 was . .
Cited – Keenan v The United Kingdom ECHR 3-Apr-2001
A young prisoner was known to be at risk of suicide, but nevertheless was not provided with adequate specialist medical supervision. He was punished for an offence, by way of segregation which further put him at risk.
Held: Inhuman and . .
Cited – Taylor v United Kingdom ECHR 1994
. .
Cited – McCann and Others v The United Kingdom ECHR 6-Oct-1995
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the . .
Cited – Salman v Turkey ECHR 27-Jun-2000
Where someone dies or is injured whilst in custody the burden is on the state to provide a ‘satisfactory and convincing explanation’ of what has happened: ‘Persons in custody are in a vulnerable position and the authorities are under a duty to . .
Cited – Mastromatteo v Italy ECHR 24-Oct-2002
The deceased had been a bystander killed by a group of criminals, some of whom were on leave of absence from prison and one of whom had absconded from prison. A complaint was made by the applicant that there had been a breach of the positive duty to . .
Cited – Edwards v The United Kingdom ECHR 14-Mar-2002
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His . .
Cited – Sieminska v Poland ECHR 29-Mar-2001
The applicant’s husband died in hospital, but she later complained that the ambulance had not been equipped with the necessary resuscitation devices. Under Polish law she had a right to appeal against decisions of the prosecuting authorities not to . .
Cited – Jordan v United Kingdom; McKerr v United Kingdom; similar ECHR 4-May-2001
Proper Investigation of Deaths with Army or Police
Claims were made as regards deaths of alleged terrorists in clashes with the UK armed forces and police. In some cases the investigations necessary to justify the taking of life had been inadequate. Statements made to the inquiry as to the . .
Cited – Regina v Walthamstow Coroner, Ex parte Rubenstein 19-Feb-1982
The 1988 Act was a consolidating Act. . .
Cited – Regina v HM Coroner for Birmingham, Ex parte Secretary of State for the Home Department 1990
. .
Cited – Regina v Coroner for Western District of Sussex Ex Parte Homberg Roberts and Mannerss QBD 27-Jan-1994
A Coroner’s enquires should be as to ‘how’ the death arose, and not into all the circumstances contributing to the death.
Simon Brown LJ said: ‘It is clear that the coroner’s over-riding duty is to inquire ‘how’ the deceased came by his death . .
Appeal from – Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire CA 27-Mar-2002
A prisoner had been killed in his cell by a cell-mate known to be unstable and racist. His family sought to be involved in the inquiry into the death within the prison system. A second prisoner hanged himself in his cell. His family alleged that he . .
Cited – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset Admn 14-Dec-2001
The deceased had committed suicide whilst in prison. It was argued that the prison should have recognised that he was a suicide risk, and acted accordingly. The coroner had requested a note from the jury as to the cause of death. The court . .
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited by:
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Appealed to – Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire CA 27-Mar-2002
A prisoner had been killed in his cell by a cell-mate known to be unstable and racist. His family sought to be involved in the inquiry into the death within the prison system. A second prisoner hanged himself in his cell. His family alleged that he . .
Cited – Sacker, Regina (on the Application of) v Coroner for the County of West Yorkshire HL 11-Mar-2004
The deceased committed suicide in prison. Her family sought to have added to the verdict the words ‘contributed by neglect’ and complained that the inquest had not provided a full and proper investigation of the death.
Held: The Act needed to . .
Cited – Three Rivers District Council and others v Governor and Company of the Bank of England (No 6) HL 11-Nov-2004
The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in . .
Cited – Regina (Anderson and Others) v HM Coroner for Inner North Greater London QBD 26-Nov-2004
The deceased suffered depressive mental illness, and was detained outside on a cold night naked and in a cannabis induced delirium. Because of his size, additional officers were called upon to assist restraining him. He was taken to hospital, but . .
Cited – D, Regina (on the Application of) v Secretary of State for the Home Department Admn 28-Apr-2005
D was undergoing trial for offences and was held in prison. He self-harmed repeatedly, and was recorded to require extra vigilance. He attempted to hang himself. Prison staff saved his life, but he was left paraplegic, and was then detained under . .
Cited – Plymouth City Council v HM Coroner for the County of Devon and Another Admn 27-May-2005
The local authority in whose care the deceased child had been held challenged a decision by the coroner not to limit his inquiry to the last few days of the child’s life. The coroner had decided that he had an obligation to conduct a wider enquiry . .
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
Applied – Longfield Care Homes Ltd, Regina (on the Application Of) v HM Coroner for Blackburn and others Admn 14-Oct-2004
An elderly lady had died after falling from an open window at her care home. Although she suffered moderately severe injuries from the fall, they were not serious enough of themselves to cause her death which resulted from pre-existing pneumonia, . .
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London Admn 16-Dec-2004
A patient suffering schizophrenia had been a voluntary patient. He was allowed to visit another unit within the hospital grounds, but then left altogether and was next found preparing to jump from Tower Bridge. He was taken by ambulance to Hospital . .
Cited – D, Regina (on the Application of) v Secretary of State for the Home Department (Inquest Intervening) CA 28-Feb-2006
The respondent appealed from orders made as to the conduct of an investigation into an attempted suicide in prison. The judge had severely criticised the appellant’s treatment of the case.
Held: The appeal failed. The court recited the . .
Cited – Parkin v HM Coroner for North Lincolnshire and Grimsby District Admn 23-Mar-2005
The family appealed against an open verdict. Her son was found hanged at school. The coroner felt unable to be sure that he had committed suicide. He had been looking forward to a new job as a theatre technician.
Held: There was evidence . .
Cited – Bloom v HM Assistant Deputy Coroner for the Northern District of London and Another Admn 20-Dec-2004
The deceased had gone to hospital and was diagnosed as having a kidney stone. As it was removed there was evidence of infection. She declined and was transferred to the local NHS hospital in intensive care. She died and a post-mortem identified . .
Cited – Cameron and others v Network Rail Infrastructure Ltd QBD 18-May-2006
The claimant sought damages from the defendant after the death of her father in the Potters Bar rail crash. The defendant applied for summary judgment saying that English law did not recognise a claim by a family member of a deceased save through . .
Cited – Scholes, Regina (on the Application of) v Secretary of State for the Home Department Admn 16-Jan-2006
The deceased had committed suicide whilst in a Young Offenders Institute. The coroner had called for a further enquiry into the way he had been sentenced. The Home Office refused a public enquiry saying that the coroner’s inquest had satisfied its . .
Cited – Gentle and Clarke, Regina (on the Application Of) v Prime Minister and others CA 12-Dec-2006
The claimants appealed refusal of a judicial review of the defendant’s decision to enter into the war in Iraq. The claimants were parents of troops who had died in the war. They said that the legal advice given to the government was incorrect.
Cited – Gentle, Regina (on the Application of) and Another v The Prime Minister and Another HL 9-Apr-2008
The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed.
Held: The . .
Cited – Warren, Regina (on the Application of) v Her Majesty’s Assistant Coroner for Northamptonshire Admn 29-Apr-2008
The deceased had committed suicide in his prison cell. Prison officers were charged with manslaughter by gross neglect, but they were discharged. The applicant sought now to challenge the refusal of the coroner to allow to be called to give evidence . .
Cited – Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
Cited – Smith v The Assistant Deputy Coroner for Oxfordshire Admn 11-Apr-2008
The claimant’s son had died of hyperthermia whilst serving in the army in Iraq. The parties requested a new inquisition after the coroner had rules that human rights law did not apply to servicemen serving outside Europe. Reports had been prepared . .
Cited – Savage v South Essex Partnership NHS Foundation Trust (MIND intervening) HL 10-Dec-2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security.
Held: The Trust’s appeal failed. The fact that . .
Cited – Pounder, Regina (on the Application of) v HM Coroner for the North and South Districts of Durham and Darlington and others Admn 22-Jan-2009
The deceased died aged 14 in a Secure Training Centre by hanging. He had complained of his treatment and restraint methods used. The mother sought judicial review of the conduct of the inquest, wanting the coroner not to have ruled on the legality . .
Cited – Al-Sweady and Others, Regina (on the Application of) v Secretary of State for the Defence Admn 2-Oct-2009
The claimant’s son had died whilst in the custody of the British Armed Forces in Iraq. His uncle now claimed that his human rights had been infringed. The case ‘raised a fundamental issue of jurisdiction under Article 1 of the ECHR because if the . .
Cited – P, Regina (on The Application of) v HM Coroner for The District of Avon CA 18-Dec-2009
The deceased was found hanging in her prison cell. The jury returned a verdict of accidental death, not being satisfied that she was not merely making a cry for help. The family appealed a finding that the inquest had satisfied the requirement for a . .
Cited – Lewis, Regina (on The Application of) v HM Coroner for The Mid and North Division of The County of Shropshire and Another CA 21-Dec-2009
The claimant’s son was found hanging in his prison cell. He appealed refusal of a judicial review of the coroner’s decision not to put to the jury a question as to certain possible causative matters. The youth was seen hanging, but the guard called . .
Cited – Jones v HM Coroner for The Southern District of Greater London and Another Admn 28-Apr-2010
The mother of the deceased asked for a new inquest, saying that there had been insufficient enquiry. He was an adult suffering Asperger’s syndrome and other difficulties, but had sought and been given excess prescriptions of fentanyl a drug to . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Wilkinson, Regina (on The Application of) v HM Coroner for The Greater Manchester South District Admn 11-Oct-2012
The court was asked whether evidence of the commission of the criminal offence of causing death by careless driving contrary to section 2B of the 1988 Act is capable of justifying a verdict of ‘unlawful killing’ at an inquest.
Held: The . .
Cited – Kent County Council, Regina (on The Application of) v HM Coroner for The County of Kent (North-West District) and Others Admn 15-Oct-2012
The council sought review of the coroner’s decision that the inquest would be an article 2 inquest and with a jury. The deceased was 14 years old and had taken methadone. In the months before his death, he had had involvement with the council’s . .
Cited – Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured . .
Cited – Letts, Regina (on The Application of) v The Lord Chancellor and Another Admn 20-Feb-2015
Application for judicial review concerning the criteria applied by the Legal Aid Agency to determine whether relatives of a deceased should be granted legal aid for representation at an inquest into a death which has arisen in circumstances which . .
Cited – Tyrrell v HM Senior Coroner County Durham and Darlington and Another Admn 26-Jul-2016
The court was aked what article 2 of the European Convention on Human Rights requires of a coroner when a serving prisoner dies of natural causes.
Held: The reuest for judicial review failed. Mr Tyrrell’s death was, from the outset, one which . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .
Lists of cited by and citing cases may be incomplete.
Coroners, Prisons, Human Rights
Leading Case
Updated: 16 January 2022; Ref: scu.194438
