Source: All England Reporter
Publisher Citation: [2013] All ER (D) 300 (Feb)
Neutral Citation: [2013] EWHC 253 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Eady J and Judge Peter Thornton QC sitting as a judge of the High Court

Representation The claimant appeared in person.
  The coroner did not appear and was not represented.
Judgment Dates: 31 January 2013

Catchwords

Coroner - Inquest - Fresh inquest - Claimant's son dying of unknown natural causes - Son's cause of death subsequently being discovered - Claimant seeking amendment of death certificate - Amendment being refused absent fresh inquest - Claimant seeking order for fresh inquest - Whether new inquest should be ordered - .

The Case

Coroner Inquest. The claimant's son died when he was 21 years old. A death certificate specifying the cause of death as unascertained was issued. Subsequent genetic testing revealed the cause and the claimant sought the amendment of the death certificate. The amendment was refused and the claimant sought a court order directing a fresh inquest. The Divisional Court, in allowing the application, held that, on the fresh evidence, it was necessary and desirable in the interests of justice that another inquest should be held.

Practice Areas

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