V v Associated Newspapers Ltd and others [2016] EWCOP 21 In November 2015 the Court of Protection determined that an adult woman had the mental capacity to decide whether or not to refuse the life preserving medical treatment offered to her. She exercised her right to autonomy, refused treatment and died. Such capacity decisions are […]
Read More… from Coroners Inquests and Reporting Restrictions
R (Speck) v HM Coroner for York & (1) NHS England (2) MEDACS (Interested Parties) [2016] EWHC 6 (Admin), [2016] 4 WLR 15 In a case which serves as a reminder that an inquest should not be seen as a substitute for a public inquiry, the Admin. Court has held that, where a coroner […]
Read More… from Determining the scope of an Art 2 Inquest: the need for an arguable contribution
Today the Chief Coroner published new guidance on Pre-Inquest Review Hearings (PIRHs) and revised guidance on coroner’s conclusions (Guidance No.17 (as amended)). The newly published guidance on PIRHs reaffirms the guidance already provided in the cases of: Brown v HM Coroner for Norfolk [2014] Inquest Law Reports 91, Shafi v HM Coroner East London [2015] […]
Read More… from New Guidance No. 22 on PIRHs and revised Guidance No. 17 on Conclusions
Flower v HM Coroner for Devon, Plymouth, Torbay and South Devon [2015] EWHC 3666 (Admin), [2016] 1 WLR 2221 In a welcome clarification of the extent of a Coroner’s powers to re-open an inquest after having decided not do so, the Divisional Court has confirmed that, where an investigation has been suspended pending criminal proceedings, […]
Read More… from When can a Coroner re-open their own decision to refuse to hold an inquest?
Re Jordan’s Applications for JR – Delay & Damages [2015] NICA 66 From the inquest that just keeps on giving a further judgment of the Northern Ireland Court of Appeal (‘NICA’) has been published concerning the award of damages under the Human Rights Act as compensation for the continued delays in bringing to a conclusion […]