swarb.co.uk - law index
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Coroners - From: 2003 To: 2003
This page lists 25 cases, and was prepared on 20 May 2019.
Re Jordan [2003] NIQB 1
6 Jan 2003
QBNI
Coroners
1 Cites
1 Citers
[ Bailii ]
Mulholland, Regina (on the Application of) v HM Coroner for St Pancras [2003] EWHC 96 (Admin)
16 Jan 2003
Admn
Coroners
1 Cites
1 Citers
[ Bailii ]
Sharman Weir (Inquiry Into the Death of Sharman Weir)
23 Jan 2003
ScSf
Sheriff F.L. Reith
Scotland, Coroners
The deceased died after complications in her pregnancy. Held: The cause of death was (1)(a) intracerebral haemorrhage, (1)(b) severe hypertension, (2)(a) hepatic necrosis, (2)(b) HELLP syndrome (haematological diagnosis), and (3) pre-eclampsia. The court made recommendations for the future care of such patients in hospital.
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
1 Cites
[ ScotC ]
Fulton, Re Death of [2003] ScotSC 5
31 Jan 2003
ScSf
Scotland, Coroners
[ Bailii ]
Davies, Regina (on the Application of) v HM Deputy Coroner for Birmingham and Another [2003] EWHC 618 (Admin)
11 Feb 2003
Admn
Coroners
1 Cites
1 Citers
[ Bailii ]
Middleton, Regina (on the Application of) v Secretary of State for the Home Department [2003] EWHC 315 (Admin)
19 Feb 2003
Admn
Pitchford J
Prisons, Coroners
[ Bailii ]
Sacker v HM Coroner for the County of West Yorkshire [2003] EWCA Civ 217; [2003] Lloyds Med LR 326
27 Feb 2003
CA
The Hon Mr Justice Latham Lord Justice Mummery Lord Justice Pill
Coroners, Human Rights
The court expressed scepticism about the suitability of a coroner's inquest, in its present form, as a vehicle for carrying out a state's obligations under Article 2. Those considerations may accentuate the need for an overdue improvement in the arrangements for inquests
European Convention on Human Rights 2
1 Cites
1 Citers
[ Bailii ]
Thompson, Re Judicial Review [2003] NIQB 80
28 Feb 2003
QBNI
Human Rights, Coroners
[ Bailii ]
Maughland, Re Determination Into the Death of [2003] ScotSC 10
10 Mar 2003
ScSf
Sheriff I.D. Dunbar
Scotland, Coroners
[ ScotC ] - [ Bailii ]
Marjorie Helen Leighton E Moss Limited Trading As Moss Pharmacy for Judicial Review of A Determination Into the Death of the Late Catherine Middleton
24 Apr 2003
SCS
Lord Mackay of Drumadoon
Scotland, Coroners
[ ScotC ]
Regina (Stanley) v Coroner for Inner North London Times, 12 June 2003
29 Apr 2003
QBD
Silber J
Coroners, Human Rights
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.
European Convention on Human Rights 2
Stanley, Regina (on the Application Of) v Her Majesty's Coroner for Inner North London [2003] EWHC 1180 (Admin)
29 Apr 2003
Admn
Coroners
[ Bailii ]
Menson v United Kingdom 47916/99; [1998] ECHR 107; (2003) 37 EHRR CD 220; [2003] Inquest LR 146; [2003] Po LR 155
6 May 2003
ECHR
Human Rights, Coroners
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 blame attached to state authorities for the killing and no breach of the state's investigative duty was found. Held. While certain familiar principles were rehearsed, the complaint was held to be manifestly ill-founded.
"The Court observes that the applicants have not laid any blame on the authorities of the respondent State for the actual death of Michael Menson; nor has it been suggested that the authorities knew or ought to have known that Michael Menson was at risk of physical violence at the hands of third parties and failed to take appropriate measures to safeguard him against that risk. The applicants' case is therefore to be distinguished from cases involving the alleged use of lethal force either by agents of the State or by private parties with their collusion (see, for example, McCann v United Kingdom (1995) [21 EHRR 97]; Jordan v United Kingdom (2001) [37 EHRR 52]; Shanaghan v United Kingdom, (Application No 37715/97, BAILII: [2001] ECHR 330), judgment of 4 May 2001, ECHR 2001-III (extracts), or in which the factual circumstances imposed an obligation on the authorities to protect an individual's life, for example where they have assumed responsibility for his welfare (see, for example, Edwards v United Kingdom (2002) [35 EHRR 487]), or where they knew or ought to have known that his life was at risk (see, for example, Osman v United Kingdom (1998) 29 EHRR 245 . . However, the absence of any direct state responsibility for the death of Michael Menson does not exclude the applicability of article 2. It recalls that by requiring a State to take appropriate steps to safeguard the lives of those within its jurisdiction (see LCB v United Kingdom (1998) 27 EHRR 212] para 36), article 2 para 1 imposes a duty on that state to secure the right to life by putting in place effective criminal law provisions to deter the commission of offences against the person, backed up by law enforcement machinery for the prevention, suppression and punishment of breaches of such provisions.
With reference to the facts of the instant case, the Court considers that this obligation requires by implication that there should be some form of effective official investigation when there is reason to believe that an individual has sustained life-threatening injuries in suspicious circumstances. The investigation must be capable of establishing the cause of the injuries and the identification of those responsible with a view to their punishment. Where death results, as in Michael Menson's case, the investigation assumes even greater importance, having regard to the fact that the essential purpose of such an investigation is to secure the effective implementation of the domestic laws which protect the right to life."
European Convention on Human Rights 2
1 Citers
[ Bailii ]
Khan, Regina (on the Application Of) v Secretary of State for Health [2003] EWHC 1414 (Admin)
17 Jun 2003
Admn
Health Professions, Coroners
1 Cites
1 Citers
[ Bailii ]
Commissioner of Police for the Metropolis, Regina (on the Application Of) v Coroner Southern District of Greater London and others [2003] EWHC 1829 (Admin)
30 Jun 2003
Admn
Coroners, Police
[ Bailii ]
Hurst v Coroner Northern District of London [2003] EWHC 1721 (Admin); [2004] UKHRR 139
4 Jul 2003
Admn
Rose LJ, Henriques J
Coroners, Human Rights
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 his court would investigate the role played by the police and the local housing authority in relation to the death. The state's duty to investigate a death was adjectival in the sense that it was ancillary to the main right to life recognised by Article 2. But it was nonetheless a freestanding right. The court stressed that Article 2 ranked as one of the most fundamental values of the Convention, enshrining (along with Article 3) one of the basic values of the democratic societies making up the Council of Europe. "The object and purpose of the convention as an instrument for the protection of individual human beings also requires that article 2 be interpreted and applied so as to make its safeguards practical and effective."
European Convention on Human Rights 2
1 Citers
[ Bailii ]
Aineto, Regina (on the Application Of) v Hm Coroner for Brighton and Hove [2003] EWHC 1896 (Admin)
21 Jul 2003
Admn
Coroners
[ Bailii ]
Jordan, Re Application for Judicial Review [2003] NICA 30
12 Sep 2003
CANI
Nicholson LJ, McCollum LJ and Girvan J
Northern Ireland, Coroners
The deceased had been shot by a sergeant of the RUC.
1 Cites
1 Citers
[ Bailii ]
Khan, Regina (on the Application of) v Secretary of State for Health; CA 10-Oct-2003 - [2004] 1 WLR 971; [2003] EWCA Civ 1129; Times, 15 October 2003; Gazette, 20 November 2003; [2003] Inquest LR 70; [2003] 3 FCR 341; (2004) 76 BMLR 118; [2003] ACD 89; (2004) 7 CCL Rep 361; [2003] 4 All ER 1239; [2004] Lloyd's Rep Med 159
Amin, Regina (on the Application of) v Secretary of State for the Home Department; HL 16-Oct-2003 - [2003] UKHL 51; Times, 17 October 2003; [2003] 3 WLR 1169; Gazette, 20 November 2003; [2004] 1 AC 653; [2004] UKHRR 75; (2004) 76 BMLR 143; [2003] 4 All ER 1264; [2004] HRLR 3; 15 BHRC 362
Regina on the Application of Mullholland v HM Coroner for St Pancras [2003] EWHC 2612 (Admin)
7 Nov 2003
QBD
Lord Justice Kennedy Mr Justice Royce
Coroners
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 police station. At the police station, he became seriously ill. He died later at hospital. Held: Those atending were not told of the period of unconsciousness, and the deceased had refused to go to hospital. Even though there was now evidence which suggested he might have lived, the decision not to go to hospital was unlikely to be challenged and a different verdict had not been shown to be likely.
1 Cites
1 Citers
[ Bailii ]
Regina on the Application Of Christine Davies v HM Deputy Coroner for Birmingham [2003] EWCA Civ 1739
2 Dec 2003
CA
Lord Justice Brooke Sir Martin Nourse Lord Justice Longmore
Coroners, Prisons
1 Cites
1 Citers
[ Bailii ]
Determination Into the Death of Nicola Welsh Under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
11 Dec 2003
ScSf
Sheriff F.R. Crowe
Scotland, Coroners
[ ScotC ]
Inquiry Into the Death of April Adam Under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
15 Dec 2003
ScSf
Sheriff R.E.G. Younger
Scotland, Coroners
[ ScotC ]
Haqq, Regina (on the Application Of) v Hm Coroner for Inner West London [2003] EWHC 3366 (Admin)
18 Dec 2003
Admn
Coroners
[ Bailii ]
