Kasperowicz, R (on the application of) v HM Coroner for Plymouth [2005] EWCA Civ 44 (10 January 2005)

Kasperowicz, R (on the application of) v HM Coroner for Plymouth [2005] EWCA Civ 44 (10 January 2005)

The coroner was entitled, if not bound, to order a post-mortem examination where the cause of death was uncertified and no attending doctor was willing to certify it; the court cannot intervene as the process is required by law.

Citation
[2005] EWCA Civ 44
Parties
Applicant/claimant: Andrzej Kasperowicz; Applicant/claimant: Mrs A Kasperowicz; Respondent/defendant: HM Coroner for Plymouth
Jurisdiction
England and Wales
Judgment Date
10 January 2005
Procedural Posture
Judicial Review / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Post Mortem Examination, Coroner's Duties, Judicial Review of Coroner's Decisions
Administrative Law Coronial Law Post Mortem Examination Coroner's Duties Judicial Review of Coroner's Decisions

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Parties

Andrzej Kasperowicz

Applicant/claimant

Mrs A Kasperowicz

Applicant/claimant

HM Coroner for Plymouth

Respondent/defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the coroner was entitled to order a post-mortem examination where the cause of death was uncertified
  2. 2 Whether the court should grant an injunction to restrain the post-mortem examination

Ratio Decidendi

The coroner was entitled, if not bound, to order a post-mortem examination where the cause of death was uncertified and no attending doctor was willing to certify it; the court cannot intervene as the process is required by law.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused.
  • Transcript of judgment to be made at public expense and made available to the family if requested.