In the Matter of the Inquest into the Death of Robert Leech

Under Coroners Act 1988 section 13, the High Court may quash an inquest determination and order a fresh investigation where new facts or evidence make that course necessary or desirable in the interests of justice.

Fresh medical evidence showing that the recorded cause of death was materially unsafe may satisfy that test. The court may direct the fresh investigation to be conducted by the same coroner.

The Area Coroner for Cumbria applied under section 13 of the Coroners Act 1988 to quash the determination and findings made at an inquest into Robert Leech’s death and to obtain a fresh investigation.

The original inquest accepted a cause of death of bronchopneumonia due to asbestosis and concluded that Mr Leech had died from industrial disease following occupational asbestos exposure. Subsequent pathological examination concluded that the lung tissue did not meet accepted criteria for asbestosis and that the cause of death should instead be idiopathic pulmonary fibrosis.

The issue was whether the new evidence satisfied section 13(1)(b), so that another investigation was necessary or desirable in the interests of justice.

The court was satisfied that the statutory test was met and quashed the original determinations and findings.

1. New facts or evidence. Fresh and cogent pathological evidence indicated a different medical cause of death. It suggested that there was insufficient evidence to conclude that death resulted from asbestos exposure.
2. Interests of justice. The new evidence was sufficiently material because, had the revised cause of death been available originally, the coroner would have treated the death as natural causes and discontinued the investigation under section 4(1) of the Coroners and Justice Act 2009, without holding an inquest. A different outcome was therefore highly likely on reconsideration.
3. Orders. The criteria in section 13(1)(b) of the Coroners Act 1988 were satisfied. The court quashed the determinations and findings made at the inquest under section 13(2)(c), and ordered a fresh investigation under section 13(2)(a) by the same coroner. There was no order for costs.