swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Coroners - From: 2002 To: 2002
This page lists 37 cases, and was prepared on 20 May 2019.
Jordan, Re an Application for Judicial Review [2002] NIQB 7; [2002] NI 151
29 Jan 2002
QBNI
Kerr J
Armed Forces, Coroners, Human Rights
The claimant challenged the Lord Chancellor's failure to introduce legislation to ensure that the coroners' system in Northern Ireland comprised with Human Rights Law.
1 Citers
Richard King and Roland Michael Duffell
21 Feb 2002
ScSf
Sheriff R.A. Davidson
Scotland, Coroners
Fatal Accidents Inquiry (Scotland) Act 1976
[ ScotC ]
Cameron, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland Act 1976 [2002] ScotCS 73; [2002] ScotCS 73
25 Feb 2002
SCS
Sheriff Principal E.F. Bowen
Scotland, Coroners
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
[ ScotC ] - [ Bailii ]
Inquiry Into the Death of Alfred Llellywn Miller
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
[ ScotC ]
Inquiry Into the Death of Elaine Mullen
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
[ ScotC ]
Reynolds, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of [2002] ScotSC 82
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
[ ScotC ] - [ Bailii ]
Inquiry Held Under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Catherine Rozanski
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
[ ScotC ]
Inquiry Into the Death of Michael Taggart [2002] ScotCS 84
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
[ ScotC ] - [ Bailii ]
Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of James Mcnicol
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
[ ScotC ]
Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Caroline Burrett
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
[ ScotC ]
Paul McMahon, Inquiry Held Under Into the Death of [2002] ScotCS 79
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
[ ScotC ] - [ Bailii ]
Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Morag Conlan
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
[ ScotC ]
Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Joseph Dean
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
[ ScotC ]
Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Joanne Harkins
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
[ ScotC ]
Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Sharon Jaconelli
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
[ ScotC ]
Johnstone, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland)Act 1986 [2002] ScotCS 76
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1986
[ ScotC ] - [ Bailii ]
Determination of Sheriff C N Stoddart In the Circumstances of the Death of Christine Jane Foster
25 Feb 2002
ScSf
Sheriff Charles N. Stoddart
Scotland, Coroners
[ ScotC ]
McNicol, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [2002] ScotCS 80
25 Feb 2002
SCS
Coroners
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
[ Bailii ]
Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Joan Mcglinchey
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
[ ScotC ]
Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Deborah Mcelvanney
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
[ ScotC ]
Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Joanne Lavery
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
[ ScotC ]
Reynolds, Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [2002] ScotCS 82
25 Feb 2002
SCS
Scotland, Coroners
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
[ Bailii ]
Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Andrea Mcquilter
25 Feb 2002
ScSf
Sheriff Principal E.F. Bowen
Scotland, Coroners
[ ScotC ]
Fatal Accident Inquiry Regarding Maureen Smyth
26 Feb 2002
ScSf
Sheriff Simon Charles Pender
Scotland, Coroners
[ ScotC ]
Khan, Regina (on the Application of) v HM Coroner for West Hertfordshire and Another [2002] EWHC 302 (Admin)
7 Mar 2002
Admn
Mr Justice Richards
Coroners, Human Rights
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: Coroners should be cautious of such adjournments. The jury would now deliver any verdict after a four month delay. The deceased had been involved in a struggle in the station, and lost consciousness, but had not been put in the recovery position for some time. Neglect in coroners' cases meant failing to take an opportunity to avoid a death. However there was no evidence to support any conclusion that a relationship of causation existed to support a verdict of neglect.
European Convention on Human Rights
1 Cites
[ Bailii ]
Re Jordan's Application [2002] NIQB 20
8 Mar 2002
QBNI
Kerr J
Coroners
The claimant challenged a ruling of the coroner on 9 January 2002 that he would conduct the inquest on the basis of existing law and practice and would not leave to the jury the option of returning a verdict of unlawful killing.
1 Cites
1 Citers
Chaudhari, Regina (on the Application of) v Walthamstow Coroners Court [2002] EWCA Civ 495
26 Mar 2002
CA
Sedley LJ
Coroners
The family appealed refusal of a judicial review of the coroner's decision on the death of their infant daughter. She had had a terminal condition, but the claimants believed tha her death had been caused by her doctors
[ Bailii ]
Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire; CA 27-Mar-2002 - Times, 18 April 2002; Gazette, 10 May 2002; [2002] EWCA Civ 390; [2003] QB 581
Inquiry Held Under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 Into the Death of Michelle Mcelver
2 Apr 2002
ScSf
Sheriff Principal R.A. Dunlop, Q.C.
Scotland, Coroners
[ ScotC ]
Patrick John Lewin v Crown Prosecution Service [2002] EWHC 1049 (Admin)
24 May 2002
Admn
Mrs Justice Hallett
Coroners, Crime, Judicial Review
The applicant sought review of the decision of the respondent not to initiate a prosecution in respect of a death in Spain. The deceased had been left drunk and unconscious in a car in the sun. There was a variance of opinion as to the exact cause of death, but it was said the proposed defendant should not have left him in a car in the hot sun. Held: A decision not to prosecute is susceptible to judicial review, but that should be sparingly exercised. The duty of care assumed by bringing the deceased home in the car could not be extended to care for him afterwards. Application for review dismissed.
1 Cites
[ Bailii ]
McShane v The United Kingdom Times, 03 June 2002; 43290/98; [2002] ECHR 465; [2002] ECHR 469; (2002) 35 EHRR 593
28 May 2002
ECHR
M Pellonpaa, President, and Judges Sir Nicolas Bratza, A. Pastor Ridruejo, J. Makarczyk, V. Straznicka, R. Maruste and S. Pavlovschi Section Registrar M. O'Boyle
Human Rights, Coroners
HER Judgment (Merits and just satisfaction) Violation of Art. 2; No violation of Art. 6-1; No violation of Art. 14; No violation of Art. 13; Failure to comply with obligations under Article 34
The deceased died during a riot in Northern Ireland. He was under a hoarding run over by an armoured vehicle. Six years later an inquest had still not been held, civil proceedings remained pending, and an investigation by the Royal Ulster Constabulary found no basis for action. Held: The Convention required by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force. The failure to hold a proper inquiry into the death, was an infringement of the right to life under the Convention. The police officers investigating the incident were not independent of the officers implicated in the incident. There was however, no evidence which would entitle a conclusion that any deaths caused by the security services involved the unlawful or excessive use of force by members of the security forces, save where convictions had followed. The police had also in this case improperly put pressure on the applicant's legal representatives with regard to evidence to be put before the court.
European Convention on Human Rights 2 34
1 Citers
[ Worldlii ] - [ Bailii ]
Determination Under the Fatal Accident and Sudden Deaths Inquiry Into the Death of Stuart Robert Hamilton
19 Jun 2002
ScSf
Sheriff Principal John McInnes, QC
Scotland, Coroners
[ ScotC ]
In Re Northern Ireland Human Rights Commission Northern Ireland Times, 25 June 2002; [2002] UKHL 25
20 Jun 2002
HL
Lord Slynn of Hadley, Lord Woolf, Lord Nolan, Lord Hutton and Lord Hobhouse of Woodborough
Human Rights, Litigation Practice, Coroners
The coroner intended to hold an inquest into the deaths on the Omagh bombing. The Commission sought the right to be involved on the basis that human rights of interest to it might arise, and the coroner refused, saying that they had no standing to do so. Held: It was the intention in the Act to extend the powers of the commission. There were no express powers in the Act to make such an intervention, and as a purely statutory body, it had only those powers given to it. However, it had general powers to do such things as were appropriate to promote understanding of Human Rights law, and that would include the power to become involved in an inquest in the way suggested.
Northern Ireland Act 1998 69
1 Cites
[ House of Lords ] - [ Bailii ]
Following an Inquiry Held at Paisley During 1St To 27Th November 2001 In the Deaths of William George Henderson and others (Airtours)
24 Sep 2002
ScSf
Sheriff Principal B A Kerr
Scotland, Coroners
[ ScotC ]
Mumford, Regina (on the Application of) v Her Majesty's Coroner for Reading and Another; Admn 29-Oct-2002 - [2002] EWHC 2184 (Admin)
Commissioner of the Police of the Metropolis v Inner London Coroner Times, 11 November 2002; Gazette, 28 November 2002
31 Oct 2002
QBD
Pitchers J, Kennedy LJ
Coroners
The applicant sought the quashing of an inquest verdict, and for a new inquest. The coroner resisted claiming that it would put too great a strain on his resources. Held: The section allowed a coroner to appoint a deputy who would be able to hold the inquest. The words 'in his absence' could include occasions when the coroner was himself engaged on an inquest.
Coroners Act 1988 7
In re Maddison (Deceased) Times, 28 November 2002
18 Nov 2002
QBD
Woolf LCJ, Hallett, J
Coroners
An application was made to re-open the inquest into the death of member of the armed forces who had taken part in a gas experiment in 1953. Held: In rare circumstances, it could be appropriate to order an inquest to be re-opened. Here, material facts had not been made known to the coroner, and the inquest had been held in camera, and despite the passage of time much documentary material remained. Together, that was sufficient to justify another inquest.
