Risk of self-incrimination will not justify a witness’ non-attendance at an inquest

M4 v The Coroner’s Service for Northern Ireland [2022] NICA 6 The privilege against self-incrimination is an ancient right firmly established in our Common Law dating back to the 17th century abolition of the Star Chamber.  This privilege enables a witness to refuse to answer questions in court and to refuse to produce documents or material at […]

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Justice delayed is justice denied: an ‘unreasonable’ open verdict requires a fresh inquest 32 years later

Earl v Senior Coroner for East Sussex [2021] EWHC 3468 (Admin) When 22 year-old Jessie Earl disappeared in 1980 it was inexplicable to her parents that this very happy, family loving art student would just walk away from her home, her studies and her life. The suggestion by a police officer that Jessie had somehow […]

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The Art 2 investigative duty and ‘historic’ allegations – when is the duty engaged?

In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55 In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny […]

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‘Assertive’, ‘unwise’ and ‘intemperate’ coronial questioning can be grounds for a fresh inquest

Nguyen v Assistant Coroner Inner West London [2021] EWHC 3354 (Admin) Concerns raised about the adversarial nature of some inquest proceedings and the standards of advocacy displayed in Coroners’ Courts have led the Law Society and Bar Standards Board to recently issue new guidelines for all legal professionals practising in Coroners’ Courts. Those guidelines published […]

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The truth, the whole truth, and nothing but the truth: If in any doubt, just speak up

Mays v HM Senior Coroner for Kingston Upon Hull & the East Riding of Yorkshire EWHC (Admin) Witnesses often solemnly, sincerely and truly stumble over the words of the affirmation or oath.  Indeed many may wonder why it is that, when already feeling anxious at being placed in such an unfamiliar situation, they have to […]

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