7BR

This Practice Note explains the range of conclusions, findings and determinations which can be reached following a coroner’s inquest. It covers the meaning of ‘findings’, ‘conclusions’ and ‘determinations’ within the context of an inquest, shortform conclusions, such as accidental death, death by misadventure and unlawful killing, narrative verdicts, the required standard of proof and reports to prevent future deaths. Reference to the applicable Chief Coroner’s guidance notes is included.

This Practice Note considers tortious liability issues involving multiple tortfeasors, ie where more than one party is responsible for the damage suffered by the claimant; considering joint, several and joint and several liability and issues of pleading and release of multiple tortfeasors; contribution claims under the Civil Liability (Contribution) Act 1978 including: ‘same damage’ in contribution claims and apportioning damage and excluding or limiting liability in contribution claims.

This Practice Note explains the procedure which is followed at a coroner’s inquest in accordance with the Coroners (Inquests) Rules 2013, SI 2013/1616 and the Coroners and Justice Act 2009 (CJA 2009). and the stages in the inquest hearing itself. It covers the public nature of inquests, when a jury will be required, opening an inquest, witness evidence, documentary evidence, expert evidence, self-incrimination in an inquest, submissions to the coroner, coroners’ summing up and majority verdicts in inquests.

This Practice Note assists practitioners representing clients before a coroner’s inquest and explains the inquest process in England and Wales as provided under the Coroners and Justice Act 2009 (CJA 2009). It explains how a coroner is an independent judicial officer, with a statutory duty under CJA 2009, s 1 to hold an investigation into a death when it has been referred as soon as practicable. It examines when an inquest must take place, the duties of a coroner, the purpose of an inquest, scope of a coroner’s inquest (a decision subject to judicial review) and the key features of an inquest. It also explains the structure of the coroner’s courts, how to become involved in the inquest process and the rights of properly interested persons to an inquest. It also explains the important distinction between the traditional scope of an inquest (Jamieson inquests) and the broader scoped Middleton inquests, often called Article 2 inquests, based on Article 2 European Convention of Human Rights which must be heard in cases involving deaths in state custody.