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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Revised Chief Coroner’s Guidance 17 on Conclusions and Law Sheet 1: Unlawful Killing

Revised Chief Coroner’s Guidance 17: Conclusions & Revised Law Sheet No. 1: Unlawful Killing As the consequences of the Supreme Court’s decision in Maughan v HM Senior Coroner Oxfordshire [1] were contemplated in the coronial world,  the Chief Coroner promulgated specific legal guidance on how to tackle the new civil standard of proof for unlawful killing (see Law Sheet […]

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Precedent and Article 2: Just because a different coroner wasn’t challenged doesn’t mean they were right

Dove v Assistant Coroner for Teesside [2021] EWHC 2511(Admin) This latest Divisional Court lesson on Article 2 ECHR not only provides a helpful summary excursion through the principles to apply when establishing whether the state’s obligations to protect life are engaged (or not) but it also takes the reader back to basics on the doctrine […]

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