Several police officers obtained an order directing a new inquest in a case in which the coroner was held to have misdirected the jury in relation to a possible verdict of unlawful killing. The misdirection was severe, but the issues and law were complex. Notwithstanding that the coroner had been represented: ‘If an order for costs was made against this coroner . . it would be no reflection upon him. It is equally wrong of course that a number of men have had to come here to have this inquisition quashed and have to pay for it. In vehicles of investigation of this kind when they go wrong the public should pay, should they not? We will not make an order for costs against the coroner or a charge on the legal aid fund, but we regard the situation as unsatisfactory: that is to say, save by going to the legal aid fund or going to a local authority, who may or may not be behind the coroner, parties who have had to come and successfully come to upset an inquisition have to pay their own way. That is the position here. Regretfully we have to say that is how it must stand.’
Judges:
Watkins LJ
Citations:
(1986) 151 JPR 209
Jurisdiction:
England and Wales
Cited by:
Cited – Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham CA 27-Feb-2004
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 . .
Lists of cited by and citing cases may be incomplete.
Coroners, Costs
Updated: 29 April 2022; Ref: scu.194540