Category Coroner’s Courts

PROPORTIONAL COSTS IN A FATAL CASE: THE MATTERS THAT CAN RECOVERED ON ASSESSMENT

  The facts in Powell & Ors v The Chief Constable of West Midlands Police [2018] EWHC B12 (Costs) are quite extraordinary.  This judgment, on the issue of costs, adds to the material relating to proportionality.  Equally important is the fact that it provides some guidance as to the steps a claimant is able  recover costs for […]

COSTS: THE COSTS OF ATTENDING AN INQUEST: THE APPROPRIATE APPROACH

In   Douglas v Ministry of Justice & Anor [2018] EWHC B2 (Costs) Master Leonard considered the issue of the recoverability of costs of attending an inquest. There  is a highly nuanced approach. There is support for some of the costs of a deceased party attending the inquest being recoverable. It adds an added layer of complexity to representation […]

PRACTICE, PROCEDURE AND FAIR PROCEEDINGS IN THE CORONER’S COURT: WILSON -v- HM SENIOR CORONER FOR BIRMINGHAM AND SOLIHULL

In Wilson -v- HM Senior Coroner for Birmingham and Solihull [2015] ewhc 2561 (Admin) l the Divisional Court rejected an application for judicial review of a Coroner’s narrative verdict. “Fairness in an inquest must be fashioned in an environment where there are no pleadings and in which those given leave to appear as interested persons […]

IMPORTANT JUDGMENT ON LEGAL AID AND INQUESTS: EXCEPTIONAL FUNDING GUIDANCE FOR INQUESTS IS WRONG

Bindmans website has a summary of an important judgment in the case of R(Joanna Letts) -v- Lord Chancellor. The judge found that there were material errors in the Guidance given in relation to funding for representation for inquests. KEY POINTS OF JUDGMENT “For the reasons that I have set out above in my judgment this […]

FUNDING, COSTS AND FATAL ACCIDENT CLAIMS: SOME PARTICULAR POINTS TO WATCH

 Here we look at some particular points relating to the funding of fatal accidents. These matters are considered in more detail in the 3rd edition of Fatal Accident Litigation which will be published shortly by Jordans. Details available here.  THE PORTALS AND  LOW VALUE  PROTOCOL It would be unusual for a claim involving a fatal […]

CORONER’S HEARINGS AND THE USE OF HEARSAY EVIDENCE

Originally posted on Civil Litigation Brief:
The Chief Coroner has issued a Law Sheet on the use of Hearsay Evidence in Coroner’s Courts.  It is available here THE KEY POINTS Hearsay evidence is admissible in coroner’s courts. Once it is admitted its value is a matter of weight in all the circumstances. Coroner’s are not…

FIRST REPORT OF CHIEF CORONER

The Report of the Chief Coroner to the Lord Chancellor is now available. This is worth reading as, among other things,  it sets out the revised nature of the Coroner’s functions and the on-going reforms.

INDEPENDENT ARTICLE ON BACKLOG IN CORONER’S COURTS

There is an important article in the Independent dealing with delays in the coroner’s courts. The article shows that the average period is 26 weeks. However there are major variations with some areas taking twice as long and one inquest taking seven years to complete.

CORONER’S COURTS JUDGMENTS ONLINE: ACTION TO PREVENT FUTURE DEATHS

A coroner has a duty to make reports in circumstances where they believe that action should be taken to prevent future deaths. These reports (previously known as Rule 43 reports) are now available online at the Tribunals Judiciary website. All reports since July 2013 will be uploaded. RELATED POSTS See the article which set out […]

OBTAINING WORK RECORDS: JUDICIAL REVIEW PENDING

Obtaining a work record is often an essential part of a fatal/industrial disease claim. Recently there have been difficulties because HMRC have refused to disclose records without a Court Order. This matter is noted in the latest Association of Personal Injury Lawyer Weekly News.  There is a judicial review pending. THE TEXT FROM APIL “An issue […]