Revised Guidance on Civil Legal Aid exceptional case funding for Inquests

On 20 August 2015 the Lord Chancellor published revised guidance on civil legal aid funding in inquest cases. It takes into account the conclusions of the Court of Appeal in the case of Letts v The Lord Chancellor [2015] Inquest Law Reports 15, and now recognises that there are some categories of case in which […]

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Justice neither done, nor seen to be done, in a secret inquest

Senior Coroner for Cumbria v Ian Smith [2015] EWHC 2465 (Admin) Poppi Worthington, was only 13 months old when she died in hospital in December 2012 having apparently sustained fractures to her leg and other injuries. Yet despite there clearly being reason to suspect that this was a violent or unnatural death, and an inquest […]

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Quashing a Coroner’s Unlawful Comments

Dr S v HM Coroner North Yorkshire East [2015] EWHC Queen’s Bench Admin Division, CO/2277/2015, 21.7.2015 Coroners sitting without a jury are now encouraged by the Chief Coroner’s Guidance (no. 17) to deliver a ‘summing up’ in which they state orally, in open court, their key findings of fact before recording their formal inquest conclusions. But […]

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“Happy 2nd Birthday” to the Coroners and Justice Act 2009

The CJA 2009 entered the “terrible twos” this week having come into to force on 25 July 2013. Its birthday gift was the publication of the ‘Second Annual Report of the Chief Coroner to the Lord Chancellor: 2014-2015’, which details the gradual evolution of the Coroner’s Service as a combination of the CJA 2009 and […]

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Causative failings under Art 2:  a challenge to Lewis looms

R (Wiggins) v HM Assistant Coroner Nottinghamshire [2015] EWHC 1658 (Admin), 26.3.2015 With the growing popularity of narrative verdicts in the mid-2000’s it had become common practice for Art 2 inquests to conclude with a lengthy jury narrative outlining a multitude of shortcomings by public bodies. That practice has largely died out: the Court of […]

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