R (Patton) v Assistant Coroner for Carmarthenshire & Pembrokeshire ^[1] [2022] EWHC 1377 (Admin)

Consideration of the, still evolving, Art 2 procedural duty in respect of inquests will often demand an intricate analysis of several different strands from judicial precedents that then need to be woven together to establish a nuanced legal tapestry. The difficulty facing the Coroner in this case was that the interested persons had, rather unhelpfully, managed to weave those threads into a complicated web of such knotted complexity in their own submissions that, in ruling on the issue, the Coroner also got himself into a tangle. It required the incisive brain of Mrs Justice Hill to disentwine the arguments and clarify what would be required to engage the Art 2 general systems duty in respect of a vulnerable child who had died in the community.

This is the first judgment on an aspect of coronial law to be handed down by one of our newest High Court judges who not only sat as an assistant coroner but spent a large part of her professional life at the bar appearing for interested persons in inquests. With its helpful exposition of how the general systemic Art 2 duty might potentially arise, Hill J’s judgment provides valuable clarification for all inquest lawyers. For Coroners it is also a useful reminder that you may well need to look further than the arguments being put before you by counsel when coming to your own view on Art 2’s application.

Here the Coroner made a PIRH ruling against the bereaved family’s submissions that Art 2 was arguably engaged. Unfortunately, the submissions before the Coroner focussed on matters which (as Hill J found) were not required for the determination of the Art 2 issue, unnecessarily complicating the picture. It was not necessarily that the Coroner had arrived at the wrong Art 2 decision, but, given the matters he addressed and the limited explanation of the reasons why he had found as he did, the Coroner now needed to go back and make his Art 2 decision all over again with the correct legal test in mind.

Today, the Ministry of Justice published the most recent Coroners Statistics Annual Bulletin. It covers deaths between January and December 2021 and therefore, as last year, the effects of the Covid pandemic can still be seen throughout.

The Bulletin remains a useful guide on the workload of coroners around the country and can be used to identify patterns and trends in inquest conclusions and times taken for cases to be heard.

This post sets out key figures from the bulletin.

R (Ture) v Senior Coroner for Manchester North [2022] EWHC 1027 (Admin)

It is not really the substance of this permission decision that is of most interest to this blogger…

…Spoiler Alert:  the Senior Coroner had done a really good job of expressing her conclusions in what had been a very difficult case both evidentially and legally,  and the claim that she had (i) wrongly limited the scope of her inquiry; (ii) given inadequate reasons and (iii) arrived at an unreasonable and unjustified conclusion had no realistic prospect of success…[1]

Rather, what is notable from the judgment is the consternation expressed by a High Court judge on his discovering that the coronial findings of fact, the reasons for the conclusions reached by a coroner and the Record of Inquest document are not normally made easily available to the public.

In the Matter of Downey (Determination Of Costs) [2022] NIQB 2

Where a Coroner as defendant in judicial review proceedings merely provides assistance and information to the court, rather than contesting the proceedings, that Coroner will not generally be liable for the successful Claimant’s costs.^[1] The usual rule of ‘costs following the event’ will generally only apply where there has been active resistance of a Judicial Review claim by a Coroner who risks costs being awarded against them if they lose, whereas a successful defence of an application may result in costs being awarded in favour of the Coroner.

However, Mr Justice Rooney in the Northern Irish High Court has issued a stark reminder to Coroners that costs will not always follow the event.  Even where a Coroner wins a contested Judicial Review claim they may not be awarded their costs if their own conduct has not been up to scratch.

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 17^th 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 trial or pre-trial if doing so might carry a risk of the evidence being used in the course of a criminal prosecution against the person.

However, whilst that right is, very properly, protected at inquests by the Coroners procedural rules, the Court of Appeal of Northern Ireland have made it clear that the privilege cannot be relied upon to avoid any attendance at an inquest altogether.  Where a Coroner believes there is some relevant evidence a witness can give that Coroner will be entitled to call them to court, using legal compulsion if necessary, even where the privilege has been claimed.

In this Art 2 inquest, where the key allegation was that a soldier had unlawfully taken the life of the deceased, the need for the witness to attend the inquest was paramount such that the Court’s power to set aside a subpoena would not be exercised.