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 call prevent the rule in question from being one which regulates practice or procedure. In this connection, rule 17, concerned with documentary evidence at inquests, provides an apt illustration. I have already set out the text of that rule (as amended). A similar, though not identical, rule applies in relation to documentary evidence at coroners’ inquests in England and Wales: see rule 37 of the Coroners Rules 1984 (SI 1984 No 552). The general rule is that a coroner, who is conducting an inquisitorial process concerned to elicit certain facts, is not bound by the strict rules of evidence. Yet here, in rule 17, we find a rule which defines the power of a coroner to admit documentary evidence. I cannot, for my part, see why that fact should prevent the rule from being described as a rule which regulates practice or procedure at a coroner’s inquest. It plainly does, in that it regulates the manner in which the coroner shall, at an inquest, set about his task of eliciting the relevant facts.’
References: [1990] 1 WLR 649, [1990] 1 All ER 865
Judges: Lord Goff
Statutes: Coroners (Practice and Procedure) Rules (NI) 1980 17
Jurisdiction: England and Wales
This case cites:

  • Approved – 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 . .
    ([1982] 126 SJ 625)

This case is 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 . .
    (, [2004] 1 WLR 807, Times 12-Mar-04, , [2004] UKHL 12, Gazette 01-Apr-04, [2004] 2 All ER 409, [2004] UKHRR 385, [2004] NI 212, 17 BHRC 68, [2004] Lloyd’s Rep Med 263, [2004] HRLR 26)
  • 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 . .
    (, [2004] 1 WLR 807, Times 12-Mar-04, , [2004] UKHL 12, Gazette 01-Apr-04, [2004] 2 All ER 409, [2004] UKHRR 385, [2004] NI 212, 17 BHRC 68, [2004] Lloyd’s Rep Med 263, [2004] HRLR 26)
  • Cited – Regina v HM Attorney-General for Northern Ireland and Another Ex Parte Devine CANI 1992
    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 . .
    ((1992) NI 74)
  • Adhered to – 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 . .
    (Gazette 01-Apr-92, [1992] 1 WLR 262)
  • 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 . .
    (, [2007] EWCA Civ 1259, Times 11-Dec-07, [2007] Inquest LR 270, [2008] 1 All ER 981, [2008] 1 WLR 1335)

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194456