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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: 2004 To: 2004

This page lists 23 cases, and was prepared on 20 May 2019.

 
McCaughey and Another, Re Application for Judicial Review [2004] NIQB 2
20 Jan 2004
QBNI
Weatherup J
Coroners, Human Rights, Litigation Practice
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 the Inquests into the deaths.
1 Citers

[ Bailii ]
 
Determination By Sheriff Kenneth A Ross Into the Circumstances of the Deaths of Willian Sneddon, Lemond Milroy, David Brodie Mcfarlane, Agnes Mccoull,
21 Jan 2004
ScSf
Sheriff K.A. Ross
Scotland, Coroners

[ ScotC ]
 
Regina on the Application of Christine Davies (No 2) v HM Deputy Coroner for Birmingham [2004] EWCA Civ 207; Times, 10 March 2004; [2004] 3 All ER 543; [2004] 4 Costs LR 545; [2004] 1 WLR 2739; [2004] Inquest LR 96; (2004) 80 BMLR 48
27 Feb 2004
CA
Lord Justice Brooke Sir Martin Nourse Lord Justice Longmore
Coroners, Costs
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.
1 Cites

1 Citers

[ Bailii ]
 
Determination Into the Death of Donald Mcandrew Under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 S 6
4 Mar 2004
ScSf
Sheriff D.J. Cusine
Scotland, Coroners

Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 6
[ ScotC ]

 
 Sacker, Regina (on the Application of) v Coroner for the County of West Yorkshire; HL 11-Mar-2004 - Times, 12 March 2004; [2004] UKHL 11; Gazette, 22 April 2004; [2004] Lloyds Rep Med 281; [2004] UKHRR 521; [2004] 2 All ER 487; (2004) 79 BMLR 40; [2004] 1 WLR 796

 
 Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset; HL 11-Mar-2004 - [2004] UKHL 10; Times, 12 March 2004; [2004] 2 AC 182; [2004] 2 WLR 800; [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

 
 Hemsworth, Re an Application for Judicial Review; QBNI 26-Apr-2004 - [2004] NIQB 26
 
Regina on the Application of Challender, and Morris v The Legal Services Commission [2004] EWHC 925 (Admin)
29 Apr 2004
Admn
Mr Justice Richards
Coroners, Legal Aid

1 Cites



 
 King v Milton Keynes General NHS Trust; SCCO 13-May-2004 - [2004] EWHC 9007 (Costs)
 
Mcilwaine, Re Judicial Review [2004] NIQB 31
18 May 2004
QBNI

Coroners

[ Bailii ]
 
A and Another v Inner South London Coroner Times, 12 July 2004
24 Jun 2004
QBD
Mitting J
Coroners
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 on a case by case basis. A witness seeking anonymity had to establish both a subjective fear and reasonable objective grounds. Once those were established, the court could carry out a balancing exercise. In this case the coroner had failed to ask the two first questions together. In this case the request was that anonimity be preserved until the announcement of the verdict. This would protect the officers' families and seemed to meet the demands of justice.
1 Cites

1 Citers


 
Under the Fatal Accidents and Sudden Deahts Inquiry (Scotland) Act 1975 Determination Into the Circumstances of the Death of Liu Jin Wu
28 Aug 2004
ScSf
Sheriff W.J. Totten
Scotland, Coroners

[ ScotC ]
 
Jordan, Re Application for Judicial Review [2004] NICA 29; [2005] NI 144
10 Sep 2004
CANI

Northern Ireland, Coroners

1 Cites

1 Citers

[ Bailii ]
 
Jordan, Re Application for Judicial Review [2004] NICA 30
10 Sep 2004
CANI

Northern Ireland, Coroners

1 Cites

1 Citers

[ Bailii ]
 
Longfield Care Homes Ltd, Regina (on the Application Of) v HM Coroner for Blackburn and others [2004] EWHC 2467 (Admin)
14 Oct 2004
Admn
Mitting J
Coroners
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, but they did accelerate the process. Held: A simple verdict of "accidental death to which neglect contributed" was inadequate and that a narrative verdict explaining the circumstances of the death was required.
1 Cites

1 Citers

[ Bailii ]
 
Bennett v Officers A and B and Commissioner of Police for the Metropolis [2004] EWCA Civ 1439; [2004] All ER 27
2 Nov 2004
CA
Lord Justice Mummery Mr Justice Maurice Kay
Police, Coroners, Human Rights
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 herself in respect of the threshold of risk test by allowing for 'a reasonable chance' of a threat, but the misdirection was not such as to require this matter to be remitted to her for a further hearing.
European Convention on Human Rights 2
1 Cites

1 Citers

[ Bailii ]
 
Regina (A and Another) v Inner South London Coroner Times, 11 November 2004
2 Nov 2004
CA

Coroners, Police
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.
1 Cites

1 Citers


 
Regina (Anderson and Others) v HM Coroner for Inner North Greater London [2004] EWHC 2729 (Admin)
26 Nov 2004
QBD
Mr Justice Collins
Coroners, Police
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 died of a cardiac arrest whilst being restrained pending the arrival of a doctor. The family believed excessive force had been used. The coroner's jury returned a verdict of unlawful killing. The officers asked the court to quash the verdict. Held: The coroner would have been justified in not leaving the verdict of unlawful killing to the jury: "The evidence to support it was very tenuous and the absence of any criticism of the police was a telling point. But it was more likely that being held face down would have produced hypoxia and so it was open to the jury to find causation proved. It was vitally important that they should have received a careful direction so that they knew that it was only if the holding face down had contributed substantially to hypoxia and that hypoxia had contributed substantially to death that a verdict of unlawful killing could be found. They received no such direction. Thus I am just persuaded that the coroner did not err in law in leaving unlawful killing to the jury. Equally, he would not have erred if he had declined to leave it. " However: "I have no doubt that a verdict of unlawful killing was not and would not be a just verdict." The verdict was quashed.
Mental Health Act 1983 136
1 Cites

[ Bailii ]
 
Wallace Bradford Kidd
26 Nov 2004
ScSf
Sheriff G C Kavanagh
Scotland, Coroners

[ ScotC ]
 
Al Skeini and Others, Regina (on the Application of) v Secretary of State for Defence and Another [2004] EWHC 2911 (Admin); Times, 20 December 2004; [2007] QB 140; [2005] 2 WLR 1401; [2005] HRLR 3; [2005] UKHRR 427; [2005] ACD 51
14 Dec 2004
Admn
Mr Justice Forbes Lord Justice Rix
Human Rights, Armed Forces, Jurisdiction, Coroners
Several dependants of persons killed in Iraq by British troops claimed damages. Held: The court considered extensively the scope and applicability of Article 1 duties. In general an English court would have no jurisdiction over deaths abroad at the hands of British troops in a war situation. One death however had occurred whist the deceased was in the custody of the British Forces whilst they were the occupying power. Here sufficient jurisdiction and duties of care arose, and the family were entitled to a proper investigation of the circumstances of the death.
European Convention of Human Rights
1 Cites

1 Citers

[ Bailii ]
 
Takoushis, Regina (on the Application of) v HM Coroner for Inner North London [2004] EWHC 2922 (Admin)
16 Dec 2004
Admn
Elias J
Coroners, Human Rights
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 but, left to wait, he again left, and a person of his description was seen shortly afterwards to jump into the river at St Katherine's Dock and some weeks later his body was recovered from the river at Wapping. Mrs Takoushis applied for judicial review of the inquest. She said that the enquiry had been insufficient to satisfy the requirements of article 2 of the ECHR because the Coroner had refused to allow her to call expert evidence relating to the quality of care that her husband had received at the hospital prior to his death. The hospital took part in the proceedings as an interested party. Held: The judge noted that the hospital had accepted that article 2 was engaged. In view of that it was not necessary for him to pursue that point.
Sir Anthony Clarke MR said: "Although the possible verdicts at an inquest under the 1988 Act are circumscribed and, in particular must not ascribe criminal or civil liability, that does not mean that the facts should not be fully investigated . ."
Coroners Act 1988 - European Convention on Human Rights 2
1 Cites

1 Citers

[ Bailii ]
 
Goodson v HM Coroner for Bedfordshire and Luton [2004] EWHC 2931 (Admin); [2005] 2 All ER 791; [2006] 1 WLR 432; [2005] Lloyds Rep Med 202; (2005) 84 BMLR 72; [2005] Lloyd's Rep Med 202
17 Dec 2004
Admn
Richards J
Coroners, Human Rights
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 or failure to protect someone in custody." Held: "Calvelli is both the most recent decision and also a decision of the Grand Chamber; and the judgment in that case analyses the matter solely in terms of the positive obligation to set up an effective judicial system, without reference to the separate procedural obligation to investigate … Whether the matter is analysed in terms of the positive obligation to set up an effective judicial system or in terms of the procedural obligation to investigate may not ultimately be of great significance. Although certain minimum criteria are laid down, the actual nature of an investigation required under article 2 varies according to context; and the Strasbourg cases on deaths resulting from alleged medical negligence show that, if the procedural obligation does apply, the range of remedies available under the judicial system (criminal, civil and possibly disciplinary) can be sufficient to discharge it."
1 Cites

1 Citers

[ Bailii ]
 
Bloom v HM Assistant Deputy Coroner for the Northern District of London and Another [2004] EWHC 3071 (Admin)
20 Dec 2004
Admn
Tuckey LJ, Field J
Coroners
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 gram-negative septicemia where bacillae had infected the blood stream. The coroner saw nothing in the reports to indicate that anything less than approriate treatment was provided for a rare but critical condition. Held: "Section 13 contains a freestanding power to order a new inquest "where . . the discovery of new facts or evidence or otherwise [makes it] necessary or desirable in the interests of justice." There was now evidence to show that death was not inevitable from the condition described. "The family, in such cases, are entitled to a full inquiry into how and why the death occurred. " They had not had that enquiry, and a new inquest was ordered.
Coroners Act 1988 13
1 Cites

1 Citers

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