Scope of the duties on the state to protect life under Article 2 ECHR (R (Maguire) v HM Senior Coroner) – Dispute Resolution Blog

‘In R (Maguire) v HM Senior Coroner for Blackpool & Flyde & Others [2020] EWCA Civ 738, the Court of Appeal considered whether the enhanced procedural duty to investigate death under Article 2 ECHR applied to the inquest touching upon the death of a vulnerable individual subject to the Deprivation of Liberty Safeguards (‘DoLS’) under the Mental Capacity Act 2005 living in a care home. The Court of Appeal’s judgment is an important authority on the scope of the substantive positive duties on the state to protect life under Article 2 ECHR.’

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Dispute Resolution Blog, 30th June 2020

Source: www.lexisnexis.co.uk

Partially remote hearings in the Coroner’s Court: Chief Coroner’s Guidance No. 38 – Parklane Plowden Chambers

Posted June 26th, 2020 in chambers articles, coronavirus, coroners, inquests, news, remote hearings by sally

‘The Chief Coroner has published his Guidance No 38, headed “Remote Participation in Coronial Proceedings via Video and Audio Broadcast”.’

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Parklane Plowden Chambers, 17th June 2020

Source: www.parklaneplowden.co.uk

Coronavirus (COVID-19)—impact on coroners’ inquests and the investigation of deaths – 1 Crown Office Row

Posted June 2nd, 2020 in coronavirus, coroners, criminal justice, inquests, news by sally

‘Corporate Crime analysis: Coronavirus (COVID-19) has impacted all parts of the justice system, but there are particular ramifications for a jurisdiction which has as its core purpose the investigation of deaths. Therefore, by means of the Coronavirus Act 2020 (CA 2020) and guidance issued by the Chief Coroner, various measures have been taken to ensure that coroners’ courts are not overwhelmed. Matthew E Flinn, barrister at 1 Crown Office Row, discusses these measures.’

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1 Crown Office Row, 27th May 2020

Source: www.1cor.com

New Guidance for Coroners on COVID-19 Deaths and Workplace Exposure – Henderson Chambers

Posted May 21st, 2020 in coronavirus, coroners, health & safety, news by sally

‘Concerns have been raised, not least by the bereaved families of key-workers in the frontline, about the possible link between workplace exposure to coronavirus and COVID-19 deaths. The Chief Coroner has now published his Guidance Note No 37 on whether, and how, coronial investigations into such deaths should be opened. This development highlights the likelihood that Coroners’ Courts will be the first fora in which issues over the adequacy and quality of the protection available to workers (whether by PPE or workplace procedures) will be investigated publicly. Given the significance of such issues, it is essential that organisations are prepared for such investigations and inquests.’

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Henderson Chambers, 10th May 2020

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Novichok: family of Dawn Sturgess wins first stage of legal challenge – The Guardian

Posted May 14th, 2020 in coroners, inquests, judicial review, news, poisoning by sally

‘The family of Dawn Sturgess, who died in the Wiltshire novichok poisonings, has won the first stage of a legal challenge against a coroner’s decision to limit the scope of her inquest.’

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The Guardian, 13th May 2020

Source: www.theguardian.com

Chief Coroner’s Guidance Number 37, Covid – 19 deaths and possible exposure in the workplace. When should a coroner open an investigation? – Park Square Barristers

Posted May 12th, 2020 in coronavirus, coroners, inquests, news, personal injuries by sally

‘An inquest can sometimes present the only opportunity for a family to ask questions about the circumstances leading to the death of a relative. It can also form an important part of the investigation into a potential claim for personal injury causing death. In relation to deaths arising from Covid – 19 those claims are likely to come from families of employees who have died following exposure to Covid – 19 in the workplace. This article reviews the Chief Coroner’s Guidance Number 37 (CCG 37) dated 28 April 2020 and the Notification of Death Regulations 2019 in considering when a coroner’s investigation should be opened in respect of a Covid – 19 death where possible exposure was in the workplace.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

Contracting Covid-19 at work – who needs to know? Chief Coroner’s Guidance 37 & RIDDOR – Park Square Barristers

Posted May 7th, 2020 in coronavirus, coroners, employment, health & safety, news, notification by sally

‘The vast majority of deaths from Covid-19 will not be referred to the Coroner and even fewer will result in an inquest into the death. However, when an employee dies from Covid-19 it may have to be reported to both the Health and Safety Executive (“HSE”) and the Coroner.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

COVID-19 Deaths and PPE – The Coroner’s Role – Parklane Plowden Chambers

‘Inevitably the COVID-19 pandemic will result in a significant increase in the workload of coroners and the number of inquests being heard. Cases where the virus may have been contracted in the workplace setting including frontline workers because of the lack of personal protective equipment (PPE) may be one significant area of potential inquiry.’

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Parklane Plowden Chambers, 4th May 2020

Source: www.parklaneplowden.co.uk

Covid-19 deaths and Inquests – Doughty Street Chambers

‘An Inquest is not a foregone conclusion, since death by prevalent disease will not necessarily be considered “unnatural”. There is new guidance issued today (28 April 2020) by the Chief Coroner as to the circumstances in which in Inquest will be appropriate.’

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Doughty Street Chambers, 28th April 2020

Source: insights.doughtystreet.co.uk

R (Carole Smith) v HM Assistant Coroner for North West Wales: Causation, admitted failings and what to record in the Record of Inquest – Parklane Plowden

‘On 7 April 2020, judgment was handed down in R (Carole Smith) v HM Coroner for North West Wales [2020] EWHC 781 (Admin). The case has important repercussions as to the relevance of admitted failures to Coroners’ conclusions and the extent of what should be recorded in the Record of Inquest (‘ROI’).’

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Parklane Plowden, 21st April 2020

Source: www.parklaneplowden.co.uk

DVSA told to act after Attleborough man killed by lorry – BBC News

Posted April 20th, 2020 in accidents, coroners, dangerous driving, news, road safety, standards by tracey

‘A coroner has called for changes to HGV training after an 82-year-old pedestrian was hit and killed while standing in a driver’s blind spot.’

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BBC News, 19th April 2020

Source: www.bbc.co.uk

Coronial causation in a mental health context: case comment by Simon Connolly – Park Square Barristers

‘The Claimant (mother of the Deceased) applied to judicially review the Coroner’s decision and record of inquest on five grounds.’

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Park Square Barristers, 9th April 2020

Source: www.parksquarebarristers.co.uk

Coroners’ Investigations, Inquests and COVID-19 – UK Human Rights Blog

Posted March 30th, 2020 in coronavirus, coroners, delay, health, health & safety, human rights, inquests, news by sally

‘The following post was written on the morning of 26 of March 2020. Today, 27th of March, the Chief Coroner brought out Guidance 35 on hearings during the pandemic (no. 35), with the proviso that all these issues will be kept under review.’

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UK Human Rights Blog, 26th March 2020

Source: ukhumanrightsblog.com

Kaden Reddick: Topshop queue barrier death was accident – BBC News

‘A 10-year-old boy who was killed by a falling queue barrier at a Topshop store died accidentally, a coroner has said.’

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BBC News, 10th March 2020

Source: www.bbc.co.uk

Case Preview: R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire – UKSC Blog

‘This case concerns the standard of proof applicable in inquest proceedings in cases of alleged suicide. It raises important and fundamental questions concerning the conduct of inquests, and will be of particular significance to bereaved families where the deceased is alleged to have committed suicide while in the care or custody of the state. The Supreme Court may also consider the position in relation to findings of unlawful killing.’

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UKSC Blog, 7th February 2020

Source: ukscblog.com

Criminalising the possession of “terrorist propaganda”: a human rights analysis – UK Human Rights Blog

‘The Home Office is proposing to legislate for a new criminal offence relating to the “possession of the most serious material glorifying or encouraging terrorism”.’

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UK Human Rights Blog, 21st January 2020

Source: ukhumanrightsblog.com

Eating disorders: 12 deaths in seven years led to coroner warnings – The Guardian

Posted January 21st, 2020 in coroners, hospitals, mental health, news, suicide, young persons by sally

‘At least 12 highly vulnerable people with eating disorders have died over the last seven years after failings in care that were so severe that coroners in England and Wales issued legal warnings to hospitals to try to prevent further deaths.’

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The Guardian, 19th January 2020

Source: www.theguardian.com

Home Office proposes offence of possessing terrorist propaganda – The Guardian

Posted January 15th, 2020 in coroners, freedom of expression, government departments, inquests, news, terrorism by sally

‘A new offence relating to possession of terrorist propaganda that glorifies or encourages extremism could be introduced to toughen up UK anti-terror laws.’

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The Guardian, 14th January 2020

Source: www.theguardian.com

Guildford pub bomb inquest family ‘never going to get justice’ – BBC News

‘A woman who lost her soldier sister in the Guildford pub bombings has said her family are “never going to get justice” even though the inquest has resumed.’

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BBC News, 18th December 2019

Source: www.bbc.co.uk

Coroner criticises NHS after death of patient with broken neck who was shunted between hospitals three times – The Independent

Posted December 17th, 2019 in coroners, elderly, hospitals, inquests, news by tracey

‘The death of Jean Waghorn, who died after contracting pneumonia in hospital, sparked criticism from a coroner who said the NHS trust had ignored earlier warnings over moving patients between hospitals. Senior coroner Veronica Deeley had issued two official alerts to Brighton and Sussex Hospitals Trust last year after the deaths of frail elderly patients who were wrongly shuttled between hospitals.’

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The Independent, 16th December 2019

Source: www.independent.co.uk