Canning v Northhampton County Coroner
There is sufficient prospect of success on appeal regarding whether the coroner should have held an inquest, particularly in light of potential systemic failures and Article 2 ECHR obligations, to justify granting permission to appeal.
- 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
- Judicial Review/appeal / Application for Permission to Appeal From Divisional Court to Court of Appeal
- Outcome
- Permission to appeal granted
- Legal Topics
- Inquests, Natural Vs Unnatural Death, Article 2 ECHR, Judicial Review of Coroner's Decision
Case Brief
Summary, issues, holding and outcome
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Parties
Adam Wilkie Canning
Claimant/applicant
HM Coroner for the County of Northampton
Defendant/respondent
Procedural Posture
Judicial Review/appeal / Application for Permission to Appeal From Divisional Court to Court of Appeal
Legal Issues
- 1 Whether the coroner erred in refusing to hold an inquest into the death of Francis Canning
- 2 Whether there was a prima facie case of culpable human failure leading to an unnatural death
- 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 regarding whether the coroner should have held an inquest, particularly in light of potential systemic failures and Article 2 ECHR obligations, to justify granting permission to appeal.
Court Disposition
Permission to appeal granted
Orders
- Appeal granted
- Permission to rely on further evidence (Dr Milla) adjourned
Full Case Text
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