Source: All England Reporter
Publisher Citation: [2005] All ER (D) 416 (Nov)
Neutral Citation: [2005] EWCA Civ 1440
Court: Court of Appeal, Civil Division
Judge:

Sir Anthony Clarke MR, Chadwick and Moore-Bick LJJ

Representation Edward Fitzgerald QC and Ruth Brander (instructed by Scott-Moncrieff Harbour and Sinclair) for the claimant.
  Clive Lewis (instructed by Camden Legal Services) for the coroner.
  Iain Daniels (instructed by Guys and St Thomas' Hospital Trust) for the trust.
Judgment Dates: 30 November 2005

Catchwords

Coroner - Inquest - Right to life - Person dying after leaving hospital administered by public authority in circumstances requiring an inquest - Whether coroner should have acceded to application to summon jury - Whether right to life engaged - , Sch 1, Pt I, art 2.

The Case

The verdict of a coroner's inquest into the death of the claimant's husband, who had committed suicide after leaving a hospital accident and emergency department, would be quashed. The coroner had erred in principle in finding before the inquest had been opened that there was no defect in the system operated by the hospital, and on that basis refusing the claimant's applications to summon a jury, and to adjourn the inquest to enable expert advice to be taken.

Practice Areas

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