Category

Inquests

See Inquests

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Page and summaryDate added to siteCategories
R (Ferreira) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31, [2017] MHLO 2 — "On 7 December 2013, Maria Ferreira, whom I shall call Maria and who had a severe mental impairment, died in an intensive care unit of King's College Hospital, London. The Senior Coroner for London Inner South, Mr Andrew Harris, is satisfied that there has to be an inquest into her death. By a written decision dated 23 January 2015, which is the subject of these judicial review proceedings, the coroner also decided that he did not need not to hold the inquest with a jury. ... A coroner is obliged to hold an inquest with a jury if a person dies in 'state detention' for the purposes of the Coroners and Justice Act 2009. The appellant is Maria's sister, Luisa Ferreira, whom I will call Luisa. She contends that, as a result of her hospital treatment, Maria had at the date of her death been deprived of her liberty for the purposes of Article 5 of the European Convention on Human Rights and that accordingly Maria was in 'state detention' when she died. ... In my judgment, the coroner's ..→2017-01-262017 cases, Deprivation of liberty, ICLR summary, Inquests, No summary, Transcript
R (Speck) v HM Coroner for District of York [2016] EWHC 6 (Admin), [2016] MHLO 1 — "Drawing these strands together, my conclusions were as follows. First, that the duty of the coroner was limited to a duty to investigate those matters which caused, or at least arguably appeared to him to have caused or contributed to, the death. Secondly, that the claimant was unable to show even an arguable case that any body was at the material time under a duty, statutory or otherwise, to establish a health-based place of safety at a time, and in a location, such that Miss Speck could have been taken to such a facility in June 2011. Thirdly, that the claimant was therefore unable to show even an arguable case that Miss Speck's death was caused or contributed to by a breach of such a duty. Fourthly, that the coroner was therefore correct to decline to investigate issues as to the non-availability of a health-based place of safety: to have done so would have been to investigate matters which fell outside his statutory duty under section 5 of the Coroners and Justice Act 2009. ..→2016-01-172016 cases, Inquests, No summary, Transcript
R (LF) v HM Senior Coroner for Inner South London [2015] EWHC 2990 (Admin), [2015] MHLO 76 — "Maria died while in intensive care at King's College Hospital in London ... Plainly an inquest will be held; that is not in dispute. However, by a written decision ... the Defendant Senior Coroner rejected the argument that Maria was "in state detention" at the time of her death, within the meaning of ss. 7(2)(a) and 48(1) and (2) of the Coroners and Justice Act 2009 and therefore the inquest must be held with a jury. By way of judicial review, the Claimant challenges that conclusion and contends that in the circumstances the Coroner was bound to call a jury. The sole issue for the Court is whether the Claimant's challenge is well-founded." 2015-10-302015 cases, ICLR summary, Inquests, Transcript
R (Letts) v The Lord Chancellor & Ors [2015] EWHC 402 (Admin), [2015] MHLO 72 — "This application for judicial review concerns the criteria applied by the Legal Aid Agency to determine whether relatives of a deceased should be granted legal aid for representation at an inquest into a death which has arisen in circumstances which might engage Article 2... What this case boiled down to was a consideration of how Article 2 applies to the suicide of mental health patients and an assessment of the (in)adequacy of the Guidance in reflecting the law. I have come to the conclusion that in one material respect the Guidance is inadequate and both incorporates an error of law and, also, provides a materially misleading impression of what the law is. ... [I]n the absence of a clear recognition that there is a category of case where the investigative duty arises quite irrespective of the existence of arguable breach by the State the Guidance is materially misleading and inaccurate." 2015-10-282015 cases, ICLR summary, Inquests, No summary, Transcript
R (Antoniou) v Central and North West London NHS Foundation Trust [2013] EWHC 3055 (Admin), [2013] MHLO 98 — "This claim for judicial review arises out of the suicide of Mrs Jane Antoniou... At the time she was a patient detained ... under section 3 of the Mental Health Act 1983... For the reasons given above, we have concluded that, given all the circumstances of this case, in particular the fact that there was a properly constituted and conducted Inquest, there was no obligation under Article 2 of the ECHR to have, in addition, a separate independent investigation into the death of JA, either from the outset or from any time thereafter. We have also concluded that, taken as a whole, the investigation process into the death of JA was independent, effective and prompt. Lastly, we have concluded that there was no unlawful discrimination against JA or the claimant by any of the defendants in the way that JA's death was investigated." [Summary required.] 2013-11-192013 cases, ICLR summary, Inquests, Transcript
Reynolds v UK 2694/08 [2012] ECHR 437, [2012] MHLO 30 — (1) A voluntary in-patient killed himself by breaking and jumping out of a sixth-floor window: the court held that there was an arguable claim that an operational duty under Article 2 arose to take reasonable steps to protect him from a real and immediate risk of suicide and that that duty was not fulfilled. (2) There were no domestic civil proceedings available to his mother to establish any liability and compensation due as regards the non-pecuniary damage suffered by her on her son’s death, and therefore there was a violation of Article 13 in conjunction with Article 2. In particular: (a) neither the inquest nor the internal inquiry were an effective remedy; (b) the HRA claim under Article 2 was struck out by the county court because of domestic case law at that time which required gross negligence; (c) the mother had no prospect of obtaining adequate compensation for non-pecuniary damage under the Fatal Accidents Act 1976 (she was not a dependent) or the Law Reform ..→2012-03-242012 cases, Brief summary, Inquests, Miscellaneous, Transcript
Rabone v Pennine Care NHS Foundation Trust [2012] UKSC 2, [2012] MHLO 6 — (1) The operational obligation under Article 2 can in principle be owed to a hospital patient who is mentally ill, but who is not detained under the MHA. (2) There was a 'real and immediate' risk to the patient's life of which the Trust knew or ought to have known and which it failed to take reasonable steps to avoid, so the obligation was breached. (3) The patient's parents were 'victims' within the meaning of Article 34 of the Convention. (4) They had not lost their victim status by settling a negligence claim, as (although it had in substance acknowledged its breach) the Trust had not made adequate redress. (5) The one-year limitation period in s7(5) HRA 1998 was extended becuase the extension was short, the Trust suffered no prejudice, the claimants acted reasonably in delaying, and there was a good claim. (6) The Court of Appeal's assessment of damages was upheld, and £5000 was awarded to each parent. 2012-02-082012 cases, Brief summary, ICLR summary, Inquests, Transcript
R (Smith) v Secretary of State for Defence [2010] UKSC 29 — The ECHR does not apply to soldiers serving abroad. 2010-07-092010 cases, Detailed summary, ICLR summary, Inquests, Transcript
Rabone v Pennine Care NHS Trust [2010] EWCA Civ 698 — Health trusts do not have the Article 2 operational obligation to voluntary patients in hospital, who are suffering from physical or mental illness, even where there is a "real and immediate" risk of death. [Caution.] 2010-07-082010 cases, Detailed summary, ICLR summary, Inquests, Transcript
R (Pounder) v HM Coroner for North and South Districts of Durham and Darlington [2010] EWHC 328 (Admin) — Inquiry into Adam Rickwood's death in custody. Bias. [Summary required.] 2010-03-022010 cases, Inquests, No summary, Transcript
R (P) v HM Coroner for the District of Avon [2009] EWCA Civ 1367 — In this inquest to which Article 2 applied (suicide in prison) the Deputy Coroner misdirected the jury because she did not properly explain to them that, if they returned a verdict of suicide or accident, they could also append a narrative about the circumstances of the accident. However, in the circumstances, the verdict was not quashed. 2009-12-232009 cases, Brief summary, Inquests, Transcript
R (Lewis) v HM Coroner for the Mid and North Division of the County of Shropshire [2009] EWCA Civ 1403 — A coroner is not obliged to leave to the jury a fact or circumstance which could have caused or contributed to the death but cannot be shown probably to have done so. 2009-12-232009 cases, Brief summary, Inquests, Transcript
Hurst v UK 42577/07 [2009] ECHR 1988 — Statement of facts and questions lodged with the court (case relates to Article 2-compliant inquests). 2009-12-042009 cases, Brief summary, ECHR, Inquests, Transcript
R (Hurst) v Commissioner of Police of the Metropolis [2007] UKHL 13 — No need to hold Article 2-compliant inquest when death occurred before implementation of Human Rights Act 1998. 2009-12-042007 cases, Brief summary, Inquests, Transcript
Re Maughland (Determination Into the Death of) (2003) ScotSC 10 — [Summary required.] 2009-11-302003 cases, Inquests, No summary, Scottish cases, Transcript
Rabone v Pennine Care NHS Trust [2009] EWHC 1827 (QB) — The Article 2 "Osman" operational obligation to protect life applied to detained patients, but not to the claimant who was an informal patient on leave from the hospital at the time she committed suicide. [Caution.] 2009-08-012009 cases, Brief summary, Inquests, Transcript
R (P) v SSJ [2009] EWCA Civ 701 — The refusal of the SSJ to hold an inquiry into P's detention in YOI Feltham was lawful: (1) Article 2 is only engaged where there is a "real and immediate" risk to life; the risk from P's self harming, while real, was not immediate. (2) There was no arguable breach of Article 3 in the delay in transfer to hospital. Had there been an arguable Article 3 breach: in general, an inquiry would not have been mandatory; in this particular case, it would not have been necessary as the relevant facts were known. 2009-07-092009 cases, Brief summary, ICLR summary, Inquests, Transcript
R (Farah) v HM Coroner for the Southampton and New Forest District of Hampshire [2009] EWHC 1605 (Admin) — (a) A coroner sitting without a jury is entitled to give a verdict and a judgment dealing with the stipulated issues which are (i) who the deceased was; (ii) how, when, by what means and in what circumstances and where the deceased came by is death; and (iii) the particulars for the time being required by the Registration Act to be registered concerning the death; (b) A coroner is entitled to give a judgment on matters which arise during the inquest and which are relevant to the determination of the stipulated issues; (c) The Court has jurisdiction which should be sparingly exercised to declare comments made by a coroner as being unlawful. Such a declaration may be made if the comments (i) do not relate to any of the stipulated issues in any way; (ii) are matters of opinion; and (iii) are sufficiently unfairly critical and offensive of any party; (d) Declarations should be made that comments made by the defendant coroner in his judgment in respect of ..→2009-07-052009 cases, Brief summary, Inquests, Transcript
R (Allen) v HM Coroner for Inner North London [2009] EWCA Civ 623 — An inquest into the death of a patient who was detained in a hospital under s3 had to satisfy the enhanced requirements of Article 2 2009-07-052009 cases, Detailed summary, ICLR summary, Inquests, Transcript
Roach v Home Office [2009] EWHC 312 (QB) — The costs of attending an inquest can in principle be recovered by way of costs in subsequent civil proceedings; the fact that the inquest work was covered by a public funding certificate had no bearing on the recoverability of the costs. 2009-06-152009 cases, Brief summary, Inquests, Transcript
R (Smith) v Secretary of State for Defence [2009] EWCA Civ 441 — (1) A British soldier who is on military service in Iraq is subject to the jurisdiction of the UK within the meaning of Article 1 of the Convention, so as to benefit from the rights guaranteed by the HRA while operating in Iraq, and not only when he is on a British military base or in a British hospital. (2) The inquest into the claimant's death must confirm with Article 2 standards in the scope of the investigation and nature of the verdict. 2009-05-182009 cases, Brief summary, Inquests, Transcript
R (Lewis) v HM Coroner for the Mid and North Division of the County of Shropshire [2009] EWHC 661 (Admin) — Coroners' inquests - deaths in custody - Article 2 2009-04-262009 cases, Inquests, No summary, Transcript
Platts v Coroner for South Yorkshire (East District) [2008] EWHC 2502 (Admin) — Inquest into suicide of person with mental disorder - scope of inquest and Article 2 - whether former girlfriend was properly interested person 2009-04-182008 cases, Inquests, No summary, Transcript
R (Takoushis) v HM Coroner for Inner North London [2005] EWCA Civ 1440 — Where a person dies as a result of what is arguably medical negligence in an NHS hospital, the state must have a system which provides for the practical and effective investigation of the facts and for the determination of civil liability. Unlike in the cases of death in custody, the system does not have to provide for an investigation initiated by the state but may include such an investigation. The present system complied with Article 2. Inquest verdict quashed and new inquest ordered. 2009-04-122005 cases, Detailed summary, Inquests, Miscellaneous, Transcript
R (Takoushis) v HM Coroner for Inner North London [2004] EWHC 2922 (Admin) — Coroner's decision not to call jury or adjourn for expert evidence, and inquest verdict, were lawful. [Overturned on appeal.] 2009-04-122004 cases, Inquests, Miscellaneous, No summary, Transcript
Edwards v UK 46477/99 [2002] ECHR 303 — Christopher Edwards was killed by a prison cellmate, Richard Linford; both suffered from schizophrenia. (1) The duty under Article 2 to protect life could extend to taking preventive operational measures to protect an individual against criminal acts of another, where the authorities knew (or ought to have known) of a real and immediate risk to the life of an identified individual. Information was available identifying Linford as posing such a risk. The failure to pass on this information, and the inadequate screening of Linford, amounted to a breach of Article 2. (2) No inquest was held, and the trial did not involve witness evidence. The private inquiry which was held (a) had no power to compel witnesses, and (b) was held in private, with the parents unable to participate to the extent necessary to safeguard their interests: Article 2 was breached in this respect. (3) There was no appropriate domestic means of determining whether the authorities failed to protect the right to ..→2008-11-272002 cases, Brief summary, Inquests, Transcript
R (Anderson) v HM Coroner for Inner North Greater London [2004] EWHC 2729 (Admin) — Unlawful killing verdict relating to restraint while subject to s136 MHA 1983 quashed. 2008-10-152004 cases, Inquests, No summary, Transcript
Michael Stone v South East Coast Strategic Health Authority [2006] EWHC 1668 (Admin) — The public interest required publication in full of the Michael Stone inquest report; the decision to publish was justified and proportionate, and did not constitute an unwarranted interference with Article 8; no breach of the DPA was involved. 2008-02-222006 cases, Brief summary, Inquests, Transcript

Article titles

The following 28 pages are in this category.

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