HM Senior Coroner for West Yorkshire (East) v Jennifer Susan Ramsden

Under section 13 of the Coroners Act 1988, the High Court may quash an inquest and order a fresh inquest where this is necessary in the interests of justice. The emergence of new medical evidence capable of affecting the recorded cause of death may justify that course. The court may also extend time for service of the claim form where the circumstances warrant it and the affected family does not object.

The Senior Coroner applied for an order quashing an inquest into the death of Jennifer Susan Ramsden and directing a fresh inquest. The original inquest had concluded that she died from natural causes. New medical evidence indicated that mesothelioma might have contributed to her death. The Attorney General had granted the necessary fiat.

The deceased’s son, who represented the family’s position, consented to the proposed order. The application also sought an extension of time for service of the claim form. The central issue was whether the statutory conditions for quashing the inquest and ordering a new inquest were satisfied.

1. The application was granted. The court was satisfied that it was necessary in the interests of justice to quash the inquest and order a new inquest under section 13 of the Coroners Act 1988.
2. The new medical evidence was capable of showing that mesothelioma contributed to the death, notwithstanding the original conclusion that death resulted from natural causes. That development justified setting aside the original inquisition.
3. The court extended time for service of the claim form to 24 April 2024. There was no objection from the deceased’s family, and their agreement to the proposed order supported the extension.
4. The inquisition dated 29 June 2023 concerning Jennifer Susan Ramsden was quashed. A new inquest was ordered before a senior coroner, area coroner or assistant coroner in the relevant coroner’s area.