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 criminal standard (satisfied so as to be sure) or the civil standard (satisfied that it is more probable than not) in deciding whether the deceased deliberately took his own life intending to kill himself?
(2) Does the answer depend on whether the determination is expressed by way of short-form conclusion or by way of narrative conclusion?

Underhill, Davis, Nicola Davies LJJ
[2019] EWCA Civ 809, [2019] 3 All ER 567, [2019] 3 WLR 365, [2019] Med LR 325, [2019] QB 1218, [2019] WLR(D) 271
Bailii, WLRD
Suicide Act 1961 1, Human Rights Act 1998, Coroners and Justice Act 2009 5 7 10, Coroners (Inquests) Rules 2013 34
England and Wales
Citing:
At First InstanceMaughan, 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 . .

Cited by:
Appeal fromMaughan, 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.

Coroners

Updated: 01 November 2021; Ref: scu.637324