Dillon v Assistant Coroner For Rutland & N Leicestershire [2022] EWHC 3186 KB (Admin) Challenging a Coroner’s refusal to issue a report to prevent future deaths (‘a PFD report’)[1] is always going to be an uphill struggle. Whilst there is no coronial discretion, and a report is mandatory, if a coroner determines action should be […]
Read More… from PFD reports & PFD evidence: Discretion and Subjectivity
It is now six years since Singh J and the Lord Chief Justice considered the relationship between Accident Investigation Branch investigations (Rail, Air & Marine) and coroners’ inquests in ‘the Norfolk case’.[1] In that instance the issue was whether a coroner had the power to order the Air Accidents Investigation Branch (“AAIB”) to disclose a […]
Read More… from Sandilands, Shoreham and Sala: AIBs and the Coronial Investigation
R (Morahan) v HM Coroner for West London and others [2022] EWCA Civ 1410 After a flood of Article 2 decisions in the past few years many will be relieved to learn that the Court of Appeal have firmly rejected the challenge in Morahan (so there is no new law to get to grips with), […]
Read More… from Keeping it simple: Article 2 inquests are a relatively summary process
Devall & Corcoran v Ministry of Justice [2022] EWHC 1608 (QB) An appeal from a refusal to strike out a civil claim might not look immediately relevant for coronial law, but Mr Justice Soole’s detailed analysis of whether there is at least an arguable Art 2 operational duty to obtain healthcare for someone who was […]
Read More… from Medical cases and ever-expanding Art 2 obligations
R (Gorani) v Assistant Coroner for West London [2022] EWHC 1593 A complete smorgasbord of complaints were adjudicated upon in this recent High Court decision, with the coroner victorious on every point. There is much in the judgment for the reader to feast upon: the headline tasters served up by the Divisional Court are that […]
Read More… from In an inquisitorial process an open mind is not an empty one