‘The parents of a student with severe social anxiety who took her own life on the day she was scheduled to face “the ordeal” of an important oral test have launched legal proceedings against her university, claiming she was the victim of negligence and disability discrimination.’
The Guardian, 20th July 2020
Source: www.theguardian.com
‘The parents of a young black man who died after being restrained in a mental health hospital are asking why a law passed in his name almost two years ago has not yet been enacted by the government.’
The Guardian,, 20th July 2020
Source: www.theguardian.com
‘The daughter of a woman killed by a nerve agent wants her mother’s inquest to consider whether senior members of the Russian state were responsible.’
BBC News, 14th July 2020
Source: www.bbc.co.uk
‘Families of the victims of serial killer Stephen Port have been assured that everything possible will be done to ensure the long-awaited inquests into their deaths go ahead in the new year despite the coronavirus pandemic.’
The Guardian, 10th July 2020
Source: www.theguardian.com
‘This month’s newsletter comprises articles from:
Nigel Edwards Q.C. and Daniel Walker– “Sentencing Serious Violent and Sexual Offenders”;
Ayesha Smart and Nigel Edwards Q.C. – “Section 13(1) Terrorism Act 2000 offences- are they strict liability?”;
Sharmila Salvi – “Second Post Mortem Examinations – The Defence Position”;
Andrew Kerr – “Adverse Inferences”; and
Rabia Mir – “How High Fiving Police Officers Turned Off a Jury”.’
33 Bedford Row, 6th July 2020
Source: www.33bedfordrow.co.uk
‘Inquests will be held after a review found patients of a rogue breast surgeon may have died unnaturally.’
BBC News, 4th July 2020
Source: www.bbc.co.uk
‘In R (Maguire) v HM Senior Coroner for Blackpool & Fylde & 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.’
Dispute Resolution Blog, 30th June 2020
Source: www.lexisnexis.co.uk
‘The Chief Coroner has published his Guidance No 38, headed “Remote Participation in Coronial Proceedings via Video and Audio Broadcast”.’
Parklane Plowden Chambers, 17th June 2020
Source: www.parklaneplowden.co.uk
‘Black people account for 3% of the population, but 8% of deaths in custody. As a former chief prosecutor, I know this is only the end point of a system that disproportionately suspects, arrests, convicts and imprisons BAME people.’
The Guardian, 11th June 2020
Source: www.theguardian.com
‘The police shooting of Mark Duggan is a highly contentious case that has been widely cited by Black Lives Matter protesters in the UK.’
The Guardian, 10th June 2020
Source: www.theguardian.com
‘An official review into the death of a black man who was punched repeatedly by police, beaten with a baton and Tasered has been delayed for the last year because investigators have yet to obtain a transcript of the inquest.’
The Guardian, 6th June 2020
Source: www.theguardian.com
‘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.’
1 Crown Office Row, 27th May 2020
Source: www.1cor.com
‘The resumed inquest into the Guildford pub bombs in 1974 will have access to more than 700 classified files, a pre-inquest review (PIR) has been told.’
BBC News, 20th May 2020
Source: www.bbc.co.uk
‘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.’
The Guardian, 13th May 2020
Source: www.theguardian.com
‘In Goodenough v Chief Constable of Thames Valley Police [2020] EWHC 695 (QB), the High Court, Turner J, considered a claim for damages brought by Robin Goodenough’s mother and sister. The claims arose out of Mr Goodenough’s death on 27 September 2003 following a short car chase and traffic stop. The Claimants asserted that police officers had assaulted Mr Goodenough and that thereafter had been breaches of Article 2 of the Human Rights Act 1998. The case provides useful insights into the approach to be taken when conducting a judicial analysis of incidents such as this and may be relied upon by those arguing that an Art. 2 inquest is required in order to meet investigative short comings.’
UK Police Law Blog, 12th May 2020
Source: ukpolicelawblog.com
‘The COVID-19 pandemic is obviously relevant to those who act in the area of Inquests and Inquiries. There will inevitably be a dramatic rise in the workload of coroners and, ultimately, in the number of full inquests being heard. Due to arguments concerning the state’s role in the handling of the pandemic, or of medical provisions and other more systemic issues, there may also be a public inquiry. This note is intended to identify the most immediate issues for practitioners.’
11KBW, 29th April 2020
Source: www.11kbw.com
‘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.’
Park Square Barristers, 29th April 2020
Source: www.parksquarebarristers.co.uk
‘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.’
Parklane Plowden Chambers, 4th May 2020
Source: www.parklaneplowden.co.uk
‘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.’
Doughty Street Chambers, 28th April 2020
Source: insights.doughtystreet.co.uk
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