Source: All England Reporter
Publisher Citation: [2007] All ER (D) 137 (Jun)
Court: Queen's Bench Division (Divisional Court)

Laws LJ and Mitting J

Representation Michael Mansfield and Henrietta Hill (instructed by Birnberg Peirce & Partners) for the claimant.
  Jonathan Hough (instructed by Southwark Legal Services) for the coroner.
  Hugo Keith (instructed by the Crown Prosecution Service) for the Director of Public Prosecutions, the first interested party.
  Edmund Lawson QC and Ann Studd (instructed by the Solicitor for the Metropolitan Police) for the Metropolitan Police Commissioner, the third interested party.
  The second interested party the Independent Police Complaints Commission did not appear and were not represented.
Judgment Dates: 14 June 2007


Coroner - Inquest - Judicial review - Inquest into death of innocent member of public by police officers - Prosecution brought against Office of Metropolitan Police Commissioner under health and safety legislation - Crown Prosecution Service requesting coroner to adjourn inquest pending conclusion of health and safety proceedings - Coroner adjourning inquest - Power of coroner under statutory scheme - Whether coroner in error - Whether inquest should be resumed - , s 16(1)(b).

The Case

Coroner Inquest. Section16 of the did not impose a fetter on the power to adjourn. It permitted the coroner to do so if there was no reason to the contrary. If there was a reason, then the coroner had a discretion. If he exercised that discretion rationally in the light of all matters, and in the light of the duty to investigate contained in art2 of the European Convention on Human Rights, the decision could not be impugned by judicial review.

Practice Areas

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