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 [various matters] are unlawful.

Notes

The summary above is taken from para 47 of the judgment.

Other

Hearing: 4 June 2009

Judgment: 3 July 2009

Before: Silber J

Richard Hermer QC (instructed by Deighton Guedalla) for the Claimant

Cathryn McGahey (instructed by Head of Corporate Services, Hampshire County Council) for the Defendant

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