Source: All England Reporter
Publisher Citation: [2010] All ER (D) 142 (Jan)
Neutral Citation: [2010] EWHC 43 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Beatson J

Representation John Randall QC and James Quirke (instructed by Waldrons Solicitors) for the claimant.
  William Hoskins (instructed by Sandwell Metropolitan Borough Council, Legal Services) for the defendant.
Judgment Dates: 21 January 2010

Catchwords

Coroner - Inquest - Practice and procedure - Claimants directors of company where deceased employed - Deceased run over by vehicle at company premises - Police deciding no charges to be brought - Inquest being ordered - Coroner declining disclosure of witness statements to claimants and wishing to adduce evidence concerning claimants' company's compliance with health and safety legislation - Further evidence disclosed shortly before inquest due to commence - Coroner refusing claimant's application for adjournment - Whether coroner erring - Whether apparent bias so that inquest ought to be held before different coroner - Coroners Rules 1984, , rr 36, 43.

The Case

Coroner Inquest. The Administrative Court allowed an application for judicial review in respect of decisions made by a coroner as to, inter alia, the evidence to be adduced and issues of disclosure in proceedings arising out of the death of an employee of the claimants where the coroner had fallen into error in the approach he used to determine those matters.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.