What is an inquest?

An inquest is an inquiry conducted by a Coroner into the circumstances surrounding a death.  If someone you know has died suddenly and you want help, please refer to the information leaflet, When Sudden Death Occurs.  If you want to find your local Coroner’s details please refer to the Coroners Society website  where there is a search facility.

There are about 500,000 deaths each year in England and Wales of which there will be an inquest in about 5% of cases.  The Coroner will try to establish who has died and how, when and where the death has occurred.  The Coroner will call witnesses to give evidence at a public hearing.  Sometimes the Coroner has to call a jury but jury cases are rare.   Relatives and certain other people are entitled to ask questions and to be represented by lawyers, if they wish.

Most people think of any Court process as being a battle between two sides and most times they would be right.  However, the inquest hearing is an exceptional sort of process where the intention is that the Coroner finds the answers to the questions above.  The Coroner is not allowed to apportion blame.  He or she can however, take up matters with relevant authorities to try to make sure that the facts are not repeated.

We are regularly instructed to represent bereaved families in cases of death following medical intervention, traffic collisions, deaths at work and because of industrial disease.  In medical cases , it is usual that the Coroner will call medical, surgical and nursing staff to the inquest to give evidence.  In a traffic case, a member of the Police or ambulance service might be called as well as members of the public.

In a medical case, if the deceased’s family have concerns about the care received we will do our best to explore these issues within the constraints of the limited purpose of the inquest.

Our inquest system is very old and is perhaps the area that has been most affected by the impact of the Human Rights Act, making the law a difficult and specialised field.  As a result of disasters and the Shipman murders in particular, the system has recently been under a long period of Home Office review, which will probably lead to wide-ranging reform of the process.  The latest information on the issue of Coroner reform is to be found here.

In the minority of cases there is a form of public funding that might be available. Your financial circumstances will be taken into account and if you think that you might be eligible you should speak to your solicitor about this possibility.

For more information please contact Henry Dyson on 020 7650 1200.