Cases Reported

R v Abdroikov, R v Green, R v Williamson 1
Issue: Whether the presence on a jury in a criminal case of a police officer or a lawyer employed by the prosecuting authority rendered a trial unfair
R (Bodycote HIPP Ltd) v HM Coroner for Herefordshire 17
Issue: Whether the jury had been properly directed as to the elements required to establish gross negligence manslaughter by a corporate entity
Re McIlwaine’s application 21
Issue: Whether the common law incorporated a right to life and a co-extensive procedural obligation to investigate deaths as a consequence of customary international law
R v Bakish Alla Khan and others 25
Issue: Whether members of juries in criminal cases had, by reason of their occupations, an appearance of bias.
R (Al-Fayed) v The Assistant Deputy Coroner for Inner West London 39
Issue: Whether it was expedient in the context of the facts and issues relevant to an inquest for further witness evidence to be sought, pursuant to s11(2) Coroners Act 1988.
R (Lawrance) v HM Coroner for West Somerset 42
Issue: Whether the coroner’s decision not to make a report to the Secretary of State under s15 Coroners Act 1988 was unreasonable.
R (Catherine Smith) v Assistant Deputy Coroner for Oxfordshire and Secretary of State for Defence (Interested Party); Secretary of State for Defence v Assistant Deputy Coroner for Oxfordshire and Catherine Smith (Interested Party) 44
Issue: Whether the Human Rights Act 1998 applied to British service personnel serving in foreign territory; whether there had to be a breach of the substantive obligation under Art 2 ECHR to protect life before the procedural requirements of Art 2 were triggered; whether a narrative verdict that recorded a “serious failure” offended r42 of the Coroners Rules 1984.
In the Matter of an Application by Christine Forde for Judicial Review 56
Issue: Whether a coroner in Northern Ireland had jurisdiction to hold an inquest into a death that had occurred abroad where the body had been repatriated to Northern Ireland; whether the Attorney General could direct a coroner in Northern Ireland to hold an inquest in such circumstances
R (Warren) v Assistant Deputy Coroner for Northamptonshire and (1) GSL UK Ltd (2) Nestor Primecare Services Ltd (3) Dr Ahmed (4) Dr West (interested parties) 65
Issue: Whether, in order to comply with the procedural obligations of Art 2 ECHR, an inquest should consider expert evidence as to appropriate professional standards.
Borrows v HM Coroner for Preston and McManus (Interested Party) 72
Issue: Whether, where there was a dispute over who should be able to determine the mode and place of disposal of a body, the court should exercise its power under s116 Supreme Court Act 1981 to appoint as administrator some person other than the person who would have the right under r22 of the Non Contentious Probate Rules 1987.
Platts v HM Coroner for South Yorkshire (East District) and Chief Constable of South Yorkshire Police (Interested Party) 79
Issue: Whether there was an Art 2 ECHR obligation to investigate events leading up to a fatal road traffic accident and not simply the accident; whether the claimant was a properly interested person entitled to question witnesses at the inquest.
R (JL) v Secretary of State for Justice, Equality and Human Rights Commission intervening 88
Issue: Whether the state was obliged to conduct an enquiry satisfying the minimum standards required by Art 2 ECHR into a failed suicide attempt by a prisoner or a detainee in a Young Offenders Institution
Moss v Coroner for North and South Districts of Durham and Darlington 108
Issue: Whether compliance with the state’s investigatory obligations under Art 2 ECHR required an inquest to be resumed following a general practitioner’s acquittal at a murder trial.
R (D) v Inner South London Assistant Deputy Coroner 119
Issue: Whether a coroner had been entitled to restrict the questions for the jury to answer in its narrative verdict
R (Chaudhari) v HM Coroner for Walthamstow 124
Issue: Whether permission should be given for judicial review of a decision not to re-open an inquest; whether the coroner should be awarded costs where the claim was considered wholly without merit.
Savage v South Essex Partnership NHS Foundation Trust 126
Issue: Whether the substantive Art 2 obligation to protect the life of a detained patient arose when staff knew or ought to have known that there was a “real and immediate” risk to life.
Dodov v Bulgaria 145
Issue: Whether the disappearance from a nursing home of a patient with Alzheimer’s disease engaged Art 2 ECHR; whether the criminal, disciplinary and civil remedies provided an effective remedy under Art 2; whether there were deficiencies in police efforts to locate the patient that breached Art 2; whether the length of civil proceedings breached Art 6.
Renolde v France 159
Issue: Whether the failure to prevent the suicide of a mentally-ill prisoner breached Art 2 ECHR; whether a disciplinary punishment involving segregation breached Art 3.
Chief Constable of Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police 176
Issue: Whether police were liable in negligence or under Art 2 ECHR for failing to protect against a threat to life
R (Khan) v HM Coroner for West Hertfordshire, Chief Constable of Hertfordshire Constabulary (interested party) 200
Issue: Whether, in the context of neglect, causation had to be established on the balance of probabilities; whether neglect could be left to the jury in the absence of medical evidence as to causation
Tarariyeva v Russia 209
Issue: Whether a failure to provide treatment in detention breached Art 2 ECHR; whether the use of handcuffs in a civilian hospital breached Art 3
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