2024

Cases Reported

HM Senior Coroner for South London v HM Assistant Coroner for South London	1
Issue: Whether a conclusion at an inquest that a death was “alcohol-related” should be quashed in light of uncontested evidence that the death was caused by heart disease complicated by alcohol; factors relevant to the interests of justice under s13 Coroners Act 1988; whether the court could amend the erroneous record of inquest.

V v Czech Republic	5
Issue: Whether the substantive aspect of Art 2 ECHR was breached in relation to a patient in a psychiatric hospital who died when restrained, tasered and tranquilised; whether the procedural aspect of Art 2 was breached by an inadequate investigation.

R (Bryan) v HM Assistant Coroner for Buckinghamshire	36
Issue: Whether the Coroner (i) erred in law by mistakenly adopting a presumption of insanity, or (ii) acted irrationally by returning anything other than a short form conclusion that the relevant child was unlawfully killed.

The Presiding Coroner of Northern Ireland v Soldier F	46
Issue: (1) Whether the petition relating to a witness having neglected or refused to appear at an inquest was competent, and whether the petitioner had standing to bring it, and (2) if it were competent, what matters it would be proper for the Court to consider.

The Presiding Coroner of Northern Ireland v Soldier F	52
Issue: (1) Whether Soldier F had acted in default of the subpoena to give evidence at an inquest in Northern Ireland and was in contempt of court, and if so, what the appropriate penalty was, and (2) whether the press should be excluded from the hearing in mitigation.

The Presiding Coroner of Northern Ireland v Soldier F	57
Issue: Whether the Lord Ordinary erred in imposing a custodial sentence on Soldier F for contempt of court following his refusal to attend to give oral evidence at an inquest.

R (Hunter & Bennett) v HM Assistant Coroner for County Durham and Darlington	61
Issue: Whether a record of inquest should be amended, with the agreement of the parties, where it did not accurately reflect the coroner’s factual findings.

Re Applications by Bradley, Duffy, Northern Ireland Prison Service and Ministry of Defence	63
Issue: Whether the procedural obligation under Art 2 ECHR applied to various inquests into deaths occurring in 1974, 1978 and 1986; the approach to the question.

R (Gary Parkin) v HM Assistant Coroner for Inner London (East)	75
Issue: Whether there was an Art 2 investigative duty in relation to the deceased’s death.

HM Assistant Coroner for Inner London	86
Issue: Whether the emergence of fresh evidence made it necessary or desirable in the interests of justice that a further inquest should be held under s13 Coroners Act 1988.

HM Senior Coroner for Sefton v (1) Michael Kay (2) Stephen Friar (3) St Helens and Knowsley Teaching Hospitals NHS Trust	88
Issue: Whether inquest findings should be quashed and a new one ordered where evidence about the deceased’s previous overdoses and possible suicide notes had been obtained only after the inquest had been heard.

Secretary of State for Northern Ireland v Coroner Fee	92
Issue: Whether it was lawful for a Coroner to order disclosure of a gist of sensitive material subject to public interest immunity.

University Hospitals Bristol and Weston NHS Foundation Trust v The Mother of G	101
Issue: Whether the court should make a declaration of death and therefore authorise the Trust to cease providing all medical support to G.

In the matter of SGM15	105
Issue: Whether a coroner had shown apparent bias and acted unlawfully in an inquest where findings were made that a soldier had no justification for firing a baton round into a crowd.

TV v Croatia	120
Issue: Whether there were breaches of the substantive limb of Art 2 ECHR from the way police and medical personnel interacted with a man known to have schizophrenia and showing signs of distress, who died whilst being transported to hospital; and of its procedural limb from the length and adequacy of the investigation.

R (Carr & Glaister) v HM Assistant Coroner for North Wales (East & Central)	132
Issue: Whether a coroner is a public body or a judicially independent officer-holder.

HM Senior Coroner Sarah Ormond-Walshe v Sherren	133
Issue: Whether the emergence of fresh evidence made it necessary or desirable in the interests of justice for a fresh inquest to be held.

HM Senior Coroner for Northamptonshire v (1) Nick and Diana Lovell (2) Sarah Teague	135
Issue: Whether the emergence of fresh evidence made it necessary or desirable in the interests of justice for a fresh inquest to be held.

HM Senior Coroner for the County of the East Riding of Yorkshire and the City of Hull v HM Assistant Coroner for the County of the East Riding of Yorkshire and the City of Hull	138
Issue: Whether, following discovery of a body four years after an inquest, the inquest should be quashed under s13(1)(b) of the Coroners Act 1988 and a fresh one heard.

Sammut v (1) Next Steps Mental Healthcare Limited, (2) Greater Manchester Mental Health NHS Foundation Trust	141
Issue: Whether a claim that the first defendant had violated the deceased’s right to life under Art 2 ECHR should be struck out, or in the alternative whether summary judgment should be entered in favour of the first defendant.

Morris v (1) Morris (2) Shmuel (3) White	148
Issue: Whether relief from the forfeiture rule should be granted under s2(2) Forfeiture Act 1982 in circumstances where an individual had assisted the suicide of another contrary to s2(1) Suicide Act 1961.

Validity Foundation on behalf of TJ v Hungary	158
Issue: Whether there were breaches of the substantive and procedural limbs of Art 2 ECHR from the inadequate care offered and poor living conditions in a home where a resident died from pneumonia; whether a non-governmental organisation had standing to make the application; whether it was lodged in time.

Age Nils Haugen v Norway	174
Issue: Whether Arts 2 and 13 ECHR were breached by the suicide in prison of X, who had known mental health problems, was on remand on charges of murder, had been transferred briefly from prison to hospital because of concerns about suicide but then returned to prison, and committed suicide shortly after being moved to normal location from a close supervision unit; whether the applicant, whose criminal complaint did not lead to proceedings, had failed to exhaust domestic remedies by not bringing a civil claim or a complaint to the Ombud.

Re HM Senior Coroner for Cornwall and the Scilly Isles (Elaine Rowe, Helen Price and Royal Cornwall Hospitals NHS Trust as Interested Parties)	198
Issue: Whether the emergence of new facts and evidence made it necessary and desirable for fresh inquests to be held.

Cherfan v HM Senior Coroner for West London	200
Issue: Whether the coroner made procedural errors such that the Record of Inquest should be quashed and a new inquest ordered before a different coroner.