The claimant doctor renewed his application for judicial review of the jury verdict of unlawful killing at the inquest into a patient. The patientwas alcoholic. The doctor prescribed a sedative drug for him, but it was known to be potentially lethal when taken with alcohol. The patient had used them in combination on previous occasions. The doctor said that the coroner had allowed the inquest to stray beyond the matters allowed under the Rules.
Held: The request failed. The case presented was unarguable.
The claimant’s credibility was unavoidably in issue, the evidence as to potential fault in others was examined at length, and the coroner had left such as a potential alternative verdict.
Judges:
Foskett J, Peter Thornton QC
Citations:
[2012] EWHC 1386 (Admin)
Links:
Statutes:
Coroners Rules 1984 36(1), Coroners Act 1988
Jurisdiction:
England and Wales
Citing:
Cited – Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson CA 27-Apr-1994
The deceased prisoner had hanged himself. He had been a known suicide risk, and his brother said that the authorities being so aware, the death resulted from their lack of care. The inquest heard in full the circumstannces leading up to the death, . .
Cited – Regina v Lincoln Coroner, Ex Parte Hay Admn 19-Feb-1999
Coroners Society recommended to publish pre-trial guidelines and prepare a list of witnesses to be called showing in each case a brief summary of the evidence expected to be given by that witness in order to assist parties at inquests. A costs order . .
Lists of cited by and citing cases may be incomplete.
Coroners
Updated: 23 May 2022; Ref: scu.459830