72 results
18 Mar 2019 10:31
Must article 2 inquiries seek to identify those responsible for the death?Re: Finucane’s Application for Judicial Review [2019] UKSC 7; [2019] 2 WLUK 382, judgment, 27 Feb 2019, here In February 1989 Patrick Finucane, an Irish Catholic lawyer, was eating dinner with his wife and children when gunmen forced their way into his home and shot him 14 times. Thirty years later more...
6 Mar 2019 14:56
Dan Hobbs secures findings of Gross Misconduct against three officers in a misconduct hearing directed by the IOPC.David Gikawa was found guilty of murdering Linah Keza by stabbing her to death in her home in Leyton on 31st July 2013. In the days before her murder, Linah Keza had contacted the police on numerous occasions seeking assistance. Dan Hobbs presented the case against three officers involved in the more...
8 Feb 2019 15:42
Final Report: Government review of legal aid for inquestsThe Lord Chancellor and Secretary of State for Justice, David Gauke, has published his report into the Review of Legal Aid for Inquests. This follows numerous campaigns and calls for more extensive funding for bereaved families at inquests, particularly those where the state is represented. In more...
6 Feb 2019 13:01
The Duty of Candour shows its teethFrom the jaws of the Care Quality Commission this month comes the first ever fine issued for breach of the Duty of Candour.[footnote 1] Bradford Teaching Hospitals NHS Foundation Trust have been given a fixed penalty notice for £1,250 for failing to apologise to a bereaved family within a more...
1 Feb 2019 14:27
3PB's Susan Jones represents family in inquest over the death of a dock workerProperly-enforced safety procedures would have prevented the death of a dock worker crushed by a container, an inquest jury has concluded. Mieczyslaw 'Mitch' Siwak, 34, from Bognor Regis, was killed at Flathouse Quay, Portsmouth, in 2017. MMD Shipping Services, which operates the site, said it had more...
31 Jan 2019 17:09
The inquest into the 1974 IRA Guildford Pub bombings is to be resumedMr Travers, H M Senior Coroner for Surrey, today decided that he would re-open an inquest into the deaths of four off-duty soldiers and a civilian who were killed when a bomb planted by the IRA went off in a pub in Guildford in October 1974. The inquest was opened in 1974 but then stopped when more...
25 Jan 2019 09:17
New Chief Coroner’s GuidanceThe Chief Coroner, His Honour Judge Mark Lucraft QC, has published new Guidance on Judge-led inquests, to be known as “Guidance No 30”. It is published on his website and has been circulated to all coroners. Please see here. The Guidance primarily addresses the transfer of an inquest from the more...
23 Jan 2019 12:53
It is "probably suicide" in Northern Ireland tooIn the matter of Steponaviciene’s Application [2018] NIQB 16.11.18 judgment here As coroners, lawyers and the bereaved wait to find out how the Court of Appeal will decide the Maughan case this coming April, [footnote 1] a decision from across the Irish Sea has looked in detail at the English and more...
17 Jan 2019 11:51
A potential murder revealed: Should the cumbersome s.13 process still be necessary?Re: The inquest into the death of Helen Bailey [2018] EWHC 3443 (Admin) 12 December 2018 Judgment here. It is “elementary that the emergence of fresh evidence which may reasonably lead to the conclusion that the substantial truth about how an individual met his death was not revealed at the first more...
11 Jan 2019 10:19
Susannah Stevens represents firearms officers at the inquest into the death of Josh PittSusannah Stevens is representing PC Stuart Thompson and PC Matt Edwards at the inquest into the death of Josh Pitt. Mr Pitt was fatally shot by PC Matt Edwards after he had taken his fiancée, Katherine Moore, hostage. The inquest is currently ongoing at Bedfordshire and Luton Coroner’s Court. more...
21 Dec 2018 14:01
James Dixon represents family at inquest critical of Home Office and Ministry of JusticeJames Dixon of No5 Barristers’ Chambers was instructed by Irwin Mitchell Solicitors in the case of an immigration detainee who died on the day he was set for release from a privately-run jail in Liverpool. At the conclusion of the inquest, in which the jury recorded a narrative verdict of suicide, more...
21 Dec 2018 10:21
Westminster Terror Attack Inquests - Prevention of Future DeathsThe Report has been published on the website for the Office of the Chief Coroner HH Judge Lucraft QC has raised eighteen matters of concern, in relation to the Metropolitan Police Service, the Parliamentary Authorities, the Security Service, the Maritime and Coastguard Agency, the Department for more...
21 Dec 2018 10:09
Verdict of Natural Causes in the inquest into the death of Alexander PerepilichnyyThe Coroner delivered his conclusions in the high profile inquest into the death of Alexander Perepilichnyy. Mr Perepilichnyy, a Russian national collapsed and died whilst out jogging near his Surrey home in November 2012. The inquest examined whether Mr Perepilichnyy was poisoned by Russian state more...
17 Dec 2018 16:07
Latest Law Pod UK: the 5 Most Significant Inquest Cases Of 20182018 provided much food for thought for those practising in inquest law, with significant judgments on the burden on proof in suicide, on scope in relation to the Birmingham pub bombings, on causation in relation to medical negligence, on the relevance of non-causative findings to the record of more...
14 Dec 2018 10:56
Costs against Coroners: Being “neutral” means staying neutral, a partisan Coroner risks an adverse costs order.R (Paul Worthington) v Senior Coroner for Cumbria [2018] EWHC 3386 (Admin), 11 December 2018. Judgment here. Many will recall the much publicised judicial review brought by the Adath Yisroel Burial Society, [footnote 1] which led to the Senior Coroner for Inner North London’s “cab rank” burial more...
14 Dec 2018 08:56
Poppi Worthington's abuser fails to remove an account of his acts from the Record of InquestR (Worthington) v Senior Coroner for Cumbria [2018] EWHC 3386 (Admin) 11 December 2018 Judgment here When public funding for deserving families at inquests is so hard to come by it is mystifying how the Legal Aid Agency can make a decision to spend their limited funds on an apparently unmeritorious more...
28 Nov 2018 14:12
The third inquest into the death of Pearse Jordan: when “don’t know” is the only available answerIn the latest in the protracted investigation into the death of Pearse Jordan, the Northern Ireland Court of Appeal has upheld the verdict of a Coroner who found himself unable to decide all the relevant facts – Re Theresa Jordan [2018] NICA 34. The case raises issues around the appropriate burden more...
23 Nov 2018 13:16
The Grenfell Tower fire ‘Preventing Future Deaths’ report: the breadth and the limitations of PFDs.The Senior Coroner for Inner West London, Dr Fiona Wilcox, has made a report to prevent future deaths [footnote 1] (a “PFD report”) in connection with her investigation into deaths following the Grenfell Tower fire. Her report (here), issued on 19 September 2018, is a good illustration of the more...
14 Nov 2018 08:13
Article 2 inquests and the burden of proof when the answer is “there is no answer”In the matter of Hugh Jordan [2018] NICA 34 (15 October 2018) decision here. As the ongoing Maughan [footnote 1] litigation focuses minds on the standardof proof applicable for a suicide finding at an inquest, it is perhaps surprising how little thought is given to the issue of the burden of proof more...
1 Nov 2018 16:54
Legal 500 and Chambers UK Bar 2019 launched5 Essex Court is delighted to retain its “enviable reputation” as "a leading set” in the major legal directories Legal 500 and Chambers UK Bar. Chambers is ranked as a top-tier set for police law ("without doubt the top police law chambers”) and inquests and inquiries ("arguably the best set for more...
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