Newsletter

2001

Cases Reported


R (Scott) v HM Coroner for Inner West London 1
Issue: Whether the coroner should have left to the jury a verdict involving neglect in the case of a mentally-unwell remand prisoner who hung himself.
 
Keenan v UK 8
Issue: Whether there were breaches of Arts 2, 3 and 13 from the failure to prevent a prisoner committing suicide.
 
Orange v Chief Constable of the West Yorkshire Police 36
Issue: Whether there was a negligent failure to prevent a drunken detainee from committing suicide.
 
R (Hession) v Health Service Commissioner for Wales 45
Issue: Whether a consultant psychiatrist could be required to answer questions about the care of a patient who committed a double murder shortly after release.
 
Zinzuwadia v Secretary of State for the Home Department 54
Issue: Whether the failure to prevent a prisoner committing suicide was negligent.
 
Edwards v UK (Admissibility decision) 57
Issue: Whether Arts 2 and 13 ECHR were breached in the killing of a prisoner by another, who was mentally ill.
 
R (Wright & Another) v Secretary of State for the Home Department 66
Issue: Whether the Home Secretary would be required to hold a full and independent inquiry into a death in custody despite an inquest having returned a verdict of death by natural causes.
 
R (Amin) v Secretary of State for the Home Department and Others 76
Issue: Whether the provisions of Art 2 ECHR required a public inquiry into the death of a young Asian man killed by a known-racist cell-mate who had a severe personality disorder.
 
R (Middleton) v HM Coroner for Western Somersetshire and Secretary of State for the Home Department 89
Issue: Whether an inquest satisfied the requirements of Art 2 ECHR in relation to a death in prison custody.
 
Jordan v UK 101
Issue: Whether there had been violation of the procedural obligation under Art 2 ECHR by the failure to hold an effective investigation into the circumstances of the shooting of a suspected terrorist by a RUC officer.
 
Kelly and others v UK 125
Issue: Whether there had been violation of the procedural obligation under Art 2 ECHR by the failure to hold an effective investigation into the shooting of 9 people by Northern Irish security forces.
 
Shanaghan v UK 149
Issue: Whether there was a violation of the procedural obligation under Art 2 ECHR where there had been no independent inquiry into alleged collusion by a police force in the death and the inquest had excluded scrutiny of any allegations of collusion.
 
McKerr v UK 170
Issue: Whether there had been violation of the procedural obligation under Art 2 ECHR by the failure to hold an effective investigation into the circumstances of the shooting of an unarmed man by RUC officers.
 
Brady v UK 200
Issue: Whether the use of force was ‘absolutely necessary’ within the meaning of Art 2(2) where a suspected robber was shot by a police officer.
 
R (Bentley) v HM Coroner for the District of Avon 205
Issue: Whether the coroner had properly exercised his discretion when he refused the disclosure of relevant documents to properly interested persons in advance of an inquest. Whether to award costs against the coroner where his conduct called for “strong disapproval”.
 
Terry v Craze (HM Coroner for East Sussex) 218
Issue: Whether a coroner became functus officio once he decided not to hold an inquest under s19(3) Coroners Act 1988. Whether an inquest should be held.
 
R v HM Coroner for Inner London North ex p Touche 223
Issue: Whether there was an unnatural death where a death in hospital was caused or contributed to by neglect. Whether there was jurisdiction to hold an inquest. Whether costs should be awarded against the coroner.
 
R v HM Coroner for East Riding & Kingston-Upon-Hull ex p (1) Dawson (2) Blakey (3) Ellerington (4) Barr (5) Dunn 233
Issue: Whether unlawful killing and neglect should have been left to a jury following a death in police custody. The adequacy of the jury direction on aggregation of acts by different persons. Whether an intimate relationship between counsel and a juror commencing after the inquest gave rise to apparent bias.
 
Nicholls v HM Coroner for City of Liverpool; R (Nicholls) v HM Coroner for City of Liverpool 249
Issue: Whether the coroner’s reasons for refusing to hear expert medical evidence in respect of a death in police custody could be sustained. Whether a new inquest should be conducted.
 
Siemeniska v Poland 256
Issue: Whether delay in dispatching a suitably equipped ambulance amounted to a violation of Art 2.
 
R (Marshall) v HM Coroner for Coventry 260
Issue: Whether the coroner’s direction in relation to neglect was adequate in the case of a man who swallowed crack cocaine in police custody.
 
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