Achas Burin updates readers on three essential news items concerning the future of Public Inquiries: the commencement of the Lampard Inquiry, the Norton committee reviewing Inquiries and the government consultation on apologies following the Independent Inquiry into Child Sexual Abuse.
R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another
In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.
Bell v HM Coroner for South Yorkshire (Eastern District)
In this post, Alex Carington considers a recent unsuccessful application under s. 13 of the Coroner’s Act 1988 in light of new evidence to quash an inquest in 1992 into the death of a woman who stepped into the path of an oncoming train where an open verdict was reached.
Infected Blood Inquiry orders compensation to be paid
The Infected Blood Inquiry published its second interim report on Wednesday, 5 April 2023. Steven Snowden KC and Achas Burin of 12KBW, alongside Brian Cummins of Old Square Chambers, represented the largest group of victims in the Inquiry. In this blog article, Achas summarises and comments on the second interim report.
Case comment: Dove v HM Assistant Coroner for Teesside and Hartlepool [2023] EWCA Civ 289
12KBW pupil Corinne Novell gives an update on this case and the outcome of the Court of Appeal hearing, in which challenges were brought with regard to Article 2 and seeking a fresh inquest.
2022 Inquest Cases Round-up
In this article, pupil Jake Loomes looks at seven significant inquest law judgments of 2022.
Morahan v HM Assistant Coroner for West London
In this article, pupil Rebecca Henshaw discusses the recent appeal judgment in Morahan, which deals with the issue of when the enhanced investigative duty under Article 2 of the ECHR will be automatically engaged in an inquest.
Disclosure of Protected Evidence Denied in Inquest following Shoreham airshow disaster
In this blog Cressida Mawdesley-Thomas considers the decision of the High Court in HM Senior Coroner for West Sussex v Chief Constable of Sussex Police & Ors [2022] EWHC. This case arises out of the Shoreham air show disaster where 11 people were killed and 13 injured after a Hawker Hunter crashed onto the A27 … Continue reading Disclosure of Protected Evidence Denied in Inquest following Shoreham airshow disaster
New Guidelines for Lawyers Practising within the Coroners’ Court
New guidelines for legal professionals practising within the Coroners’ Courts have been published by the Bar Standards Board, the Solicitors Regulation Authority and CILEx Regulation. The new guidelines were introduced in response to concerns, particularly about the adversarial approach adopted by some lawyers. The key takeaways are summarised below.
Dove v HM Coroner for Teesside and Hartlepool [2021] EWHC 1738 (Admin)
In this article, Richard Ive discusses the case of Dove v HM Coroner for Teesside and Hartlepool [2021] EWHC 1738 (Admin), which raises important questions relating to Article 2 (the right to life).