Summary
Under the Coroners Act 1988, an inquest ordinarily establishes who the deceased was and by what means, when and where death occurred. The ordinary meaning of how concerns the means of death, not the wider circumstances. Article 2 of the European Convention extends that duty only where it applies. A failure to announce the right to object to documentary evidence is a procedural irregularity, but relief depends on whether it affected the outcome. Under section 13, a fresh inquest may be ordered where new evidence may produce a different verdict or materially alter the recorded circumstances. A probability of a different verdict is unnecessary. Later evidence showing investigative shortcomings and possible violence justified a fresh inquest before a different coroner.
Factual background
The claimant challenged an open verdict returned after the death of her son in Belgrade and the subsequent return of his body to North London. She sought judicial review for procedural irregularity and insufficiency of inquiry. She also applied, with the Attorney-General’s consent, under section 13 of the Coroners Act 1988 for the original inquisition to be quashed and another inquest ordered.
The central issues were whether the coroner’s failure to comply with the documentary-evidence procedure affected the original verdict, and whether new evidence concerning the foreign investigation, possible facial injuries and blood at the scene made another inquest necessary or desirable in the interests of justice.
Held
The court dismissed the judicial review claim but allowed the application under section 13 and ordered a fresh inquest before a different coroner.
- Scope of an inquest. An inquest is a fact-finding inquiry directed to identifying the deceased and establishing how, when and where the deceased came by death. Applying R v North Humberside and Scunthorpe Coroner, ex p Jamieson [1995] QB 1, how ordinarily means by what means the death occurred. It does not ordinarily require investigation of the wider circumstances. The Article 2 qualification identified in R(Middleton) v West Somerset Coroner [2004] 2 AC 182 did not apply to a death in Belgrade on the facts before the court.
- Procedural irregularity. The coroner’s failure publicly to announce the claimant’s right to object to documentary evidence breached Rule 37(3) of the Coroners Rules 1984. The absence of witnesses at the resumed hearing did not establish that they were unable to give evidence within a reasonable period. Nevertheless, the error did not affect the outcome. In the light of two consistent autopsies and the evidence then available, the open verdict recording morphine poisoning was inevitable.
- Section 13. The relevant considerations included the possibility, rather than probability, of a different verdict, shortcomings in the original inquest, and new evidence concerning matters not previously investigated. The possibility of a different verdict was important but not conclusive. A fresh inquest could be justified even where another verdict appeared unlikely.
- Application. The later Serbian Ministry of Interior Affairs report exposed serious investigative deficiencies. Further expert evidence concerning possible violence and blood at the scene had not been available at the original inquest and had never been fully investigated. In an open-verdict case, a materially different account of the circumstances could itself justify a further inquest. The public interest therefore required a fresh inquest, leaving the new coroner to sift reliable evidence from material lacking a sound foundation.
The court’s approach to earlier authorities
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Appellate history
First-instance proceedings. The judgment records that an open verdict was returned at the inquest on 27 September 2004. The High Court then determined the judicial review claim and the separate application under section 13 of the Coroners Act 1988.
Key cases cited
16 authorities cited.
- Regina v. Her Majesty's Coroner for the Western District of Somerset (Respondent) and another (Appellant) ex parte Middleton (FC) (Respondent) [2004] UKHL 10
- Davies (No 2), R (on the application of) v HM Deputy Coroner for Birmingham [2004] EWCA Civ 207
- Abbasi & Anor., R (on the application of) v Secretary of State for Foreign and Commonwealth Affairs & Secretary of State for the Home Department [2002] EWCA Civ 1598
- Bloom v HM Assistant Deputy Coroner for the Northern District of London & Anor [2004] EWHC 3071 (Admin)
- Mullholland v HM Coroner for St Pancras [2003] EWHC 2612 (Admin)
- R (Nicholls) v HM Coroner for Liverpool [2001] EWHC 922 (Admin)
- Petition of Al Fayed [2004] Scot CS 66
- R v Inner London South District Coroner, ex p Douglas-Williams [1999] 1 All ER 344
- Re Tabarn 20 January 1998 (Div Court)
- Re Kelly (1997) 161 JP 417
- R v Coroner for North Humberside and Scunthorpe, Ex parte Jamieson (Jamieson, Ex parte) [1995] QB 1
- R v HM Coroner for Western District of East Sussex, Ex p Homberg (1994) 158 JP 357
- R v West Sussex Coroner ex p Edwards [1991] 156 JP 186
- R v Wolverhampton Coroner, Ex parte McCurbin (McCurbin, Ex parte) [1990] 1 WLR 719
- In re Rapier, decd [1988] QB 26
- R v HM Coroner, Lincoln, ex p Hay 19 February 1987
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Cases citing this case
13 later cases · 9 positive · 2 neutral · 2 caution
Most senior citing decisions:
- Elias Cherfan v His Majesty's Senior Coroner for West London [2024] EWHC 3261 (Admin) followed
- 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 [2024] EWHC 2007 (Admin) applied
- HM Senior Coroner for Sefton Knowsley and St Helens v Michael Kay & Ors [2024] EWHC 1366 (Admin) applied
- Lesley Ann Davison v HM Senior Coroner for Hertfordshire [2022] EWHC 2343 (Admin)
- VALERIE EARL v HER MAJESTY’S SENIOR CORONER FOR EAST SUSSEX [2021] EWHC 3468 (Admin)
- Power v Her Majesty's Senior Coroner for Inner North London [2017] EWHC 3117 (Admin)
- HM Senior Coroner for the Eastern Area of Greater London v Whitworth (Family of) [2017] EWHC 3201 (Admin)
- Mueller v Her Majesty's Area Coroner for Manchester West [2017] EWHC 3000 (Admin)
- Attorney General v Coroner of South Yorkshire (West) & Anor [2012] EWHC 3783 (Admin)
- Duggan v Coroner for Northern District of Greater London [2010] EWHC 1263 (Admin)
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