The Purpose of the Inquest
The Inquest is restricted to answering four questions only:
-
- Who has died?
- When they died?
- Where they died?
- How (and by what means) they died?
Article 2 European Convention on Human Rights
(ECHR)
In some army deaths, where the State bears potential
responsibility for death, the State must comply with its Article 2
ECHR obligations.
This is because the army has a duty to protect the life of its
soldiers. In the event of death or near death, there must be an
effective investigation. The State normally discharges their
Article 2 ECHR obligations by holding a more in depth and complex
Inquest following death. Article 2 compliant Inquests recognises
the right of the family to be involved.
Near death cases is a developing area of law.
The Inquest
The Inquest is a fact finding exercise. HM Coroner (in some
cases with a Jury) will hear live evidence from witnesses as well
as written evidence. We can make submissions on your behalf on who
should be called to the Inquest. When HM Coroner sits with a Jury,
the Jury is the finder of fact and returns the verdict.
The Verdict
When reaching a verdict, no criminal or civil liability can be
attributed to an individual or organisation. In other words, HM
Coroner and in some cases a Jury is not allowed to decide who and
if anyone is to blame for the death.
The verdict can either be a short form verdict or a narrative
verdict. Examples of short form verdicts includes: -
- Accident/ misadventure;
- Unlawful killing;
- Open verdict;
- Natural causes.
This list is not exhaustive.
A narrative verdict enables HM Coroner or in some cases the Jury
to comment upon failings which may have contributed to death. These
verdicts can be critical and judgmental.
Reform of Coroner’s System
The Government published a
Draft Coroners Bill in June 2006 to modernise the current
Coronial System. This bill has not been included in Parliament’s
current legislative programme with no date set for the bill to be
considered.
Our Team
We have a team of specialist solicitors to help you through this
difficult time. Our solicitors have extensive experience
representing families in Inquests and subsequent civil actions for
compensation - please click here for further information.
We will endeavour to secure a full, fair and fearless
investigation into the death of your loved one, where lessons can
be learnt and your questions answered.
Our specialist team also deals in deaths in police and prison
custody.
Funding
Funding for legal representation at Inquests is complex.
However, our specialist team will be able to advise you further and
assist with your funding application to the Legal Services
Commission.
In certain circumstances the Legal Services Commission will
agree to waive financial eligibility to enable families to be
legally represented at an Inquest.