Canning v Northhampton County Coroner [2006] EWCA Civ 513 (23 March 2006)

Canning v Northhampton County Coroner [2006] EWCA Civ 513 (23 March 2006)

There is sufficient prospect of success on appeal that the coroner may have erred in refusing to hold an inquest, particularly in light of possible systemic failures and Article 2 ECHR obligations, to justify granting permission to appeal.

Citation
[2006] EWCA Civ 513
Parties
Claimant/applicant: Adam Wilkie Canning; Defendant/respondent: HM Coroner for the County of Northampton
Jurisdiction
England and Wales
Judgment Date
23 March 2006
Procedural Posture
Appeal / Application for Permission to Appeal From Divisional Court Decision
Outcome
Permission to appeal granted.
Legal Topics
Inquests, Article 2 ECHR, Standard for Holding Inquest, Systemic Failure in Care, Natural Vs Unnatural Death
Public Law Coronial Law Human Rights Inquests Article 2 ECHR Standard for Holding Inquest Systemic Failure in Care Natural Vs Unnatural Death

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Parties

Adam Wilkie Canning

Claimant/applicant

HM Coroner for the County of Northampton

Defendant/respondent

Procedural Posture

Appeal / Application for Permission to Appeal From Divisional Court Decision

Legal Issues

  1. 1 Whether the coroner erred in refusing to hold an inquest into the death of Francis Canning
  2. 2 Whether there was a prima facie case of culpable human failure or systemic failure requiring an inquest under section 8(1) of the Coroner's Act 1988
  3. 3 Whether Article 2 of the Human Rights Convention was breached by not holding an inquest

Ratio Decidendi

There is sufficient prospect of success on appeal that the coroner may have erred in refusing to hold an inquest, particularly in light of possible systemic failures and Article 2 ECHR obligations, to justify granting permission to appeal.

Court Disposition

Permission to appeal granted.

Orders

  • Permission to appeal granted.
  • Application to rely on further evidence adjourned for consideration by the full court.