Terry v Coroner for East Sussex: CA 12 Jul 2001

The issue of a certificate to the Registrar of Deaths by a coroner, after a post mortem, but on the basis that an inquest was then thought unnecessary, did not make him functus officio. The procedure under the section did not replace the scheme for arranging an inquest. The court retained the power under section 13(1)(a) to order an inquest in the case of a refusal or neglect by a coroner to hold an inquest. That discretion should be exercised in a similar way to the procedures for judicial review, and only be used after a misdirection or irrational factual conclusion by the coroner.

Judges:

Simon Brown, May, Dyson LJJ

Citations:

Times 26-Jul-2001, Gazette 06-Sep-2001

Statutes:

Coroners Act 1988 19(3) 13

Jurisdiction:

England and Wales

Citing:

Appeal fromTerry v Coroner for East Sussex QBD 12-Jan-2001
A coroner having issued a death certificate following a post mortem, but without an inquest, had power, upon later receiving powerful new evidence, himself to re-open the case, and to order an inquest, and he did not first have to seek authority . .
Lists of cited by and citing cases may be incomplete.

Coroners

Updated: 08 May 2022; Ref: scu.89770