Coronial bias: a predisposition is not a predetermination

In the matter of Downey [2021] NIQB 108 There is much to be learned from this recusal application, that was founded on the Coroner having allegedly expressed a decided view regarding an important legal point before he had received the written submissions he had invited on the issue. Despite a High Court judge initially having […]

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A Coroner may not use protected material from an aircrash investigation that has been deployed in public in a criminal trial

Senior Coroner for West Sussex v (1) Chief Constable Sussex Police (2) Secretary of State for Transport (3) Mr Hill [2022] EWHC 215 (QB) The Shoreham Aircrash in 2015, its investigation by the Air Accidents Investigation Branch, (published in 2017) and the ensuing criminal trial (concluding in 2019) have produced a highly unusual, if not unique, […]

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Art 2 Inquests: Local Authority care is not state detention – but having a wide scope whilst keeping an open mind is a good idea

R (Boyce) v HM Senior Coroner for Teesside and Hartlepool (and (1) Middlesbrough Borough Council (2) Tees Valley Care Ltd) [2022] EWHC 107 (Admin) There can be no dispute that Article 2 procedural obligations will extend to all violent deaths and suicides of those in state detention, such that a full Article 2 inquest must automatically […]

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