Connah v Plymouth Hospitals NHS Trust & Ors

Connah v Plymouth Hospitals NHS Trust & Ors

No coroner had jurisdiction to hold an inquest into Mrs Connah's death under the statutory scheme, and the fourth defendant's decision not to report to the Secretary of State was reasonable and not irrational. Therefore, the application for an order for an inquest or judicial review must be dismissed.

Parties
Claimant: Mr Jack Connah; 1st Defendant: Plymouth Hospitals NHS Trust; 2nd Defendant: HM Coroner for the County of Greater Manchester; 3rd Defendant: HM Coroner for Plymouth & South West Devon; 4th Defendant: HM Coroner for the County of Cornwall
Jurisdiction
England and Wales
Judgment Date
12 July 2010
Procedural Posture
Application Under S.13 Coroners Act 1988 / Judgment After Hearing
Outcome
Application dismissed
Legal Topics
Inquests, Jurisdiction of Coroners, Judicial Review of Coroner's Decisions
Public Law Coronial Law Judicial Review Inquests Jurisdiction of Coroners Judicial Review of Coroner's Decisions

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Parties

Mr Jack Connah

Claimant

Plymouth Hospitals NHS Trust

1st Defendant

HM Coroner for the County of Greater Manchester

2nd Defendant

HM Coroner for Plymouth & South West Devon

3rd Defendant

HM Coroner for the County of Cornwall

4th Defendant

Procedural Posture

Application Under S.13 Coroners Act 1988 / Judgment After Hearing

Legal Issues

  1. 1 Whether the High Court should order an inquest into the death of Mrs Connah under s.13 of the Coroners Act 1988
  2. 2 Whether any coroner refused or neglected to hold an inquest which ought to be held
  3. 3 Whether the decision of the fourth defendant not to report to the Secretary of State under s.15 was irrational and subject to judicial review

Ratio Decidendi

No coroner had jurisdiction to hold an inquest into Mrs Connah's death under the statutory scheme, and the fourth defendant's decision not to report to the Secretary of State was reasonable and not irrational. Therefore, the application for an order for an inquest or judicial review must be dismissed.

Court Disposition

Application dismissed

Orders

  • No order for an inquest under s.13 of the Coroners Act 1988
  • No order for judicial review