Kasperowicz, R (on the application of) v HM Coroner for Plymouth

Kasperowicz, R (on the application of) v HM Coroner for Plymouth

The coroner was entitled, if not bound, to direct a post-mortem examination under section 19 of the Coroner's Act 1988, as no medical certificate of cause of death was available and the cause remained unknown; the court cannot restrain a process required by law.

Parties
Applicant/claimant: Andrzej 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, Death Certification, Coroner's Powers, Humanitarian Concerns
Administrative Law Coroners Law Post Mortem Examination Death Certification Coroner's Powers Humanitarian Concerns

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Parties

Andrzej 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 in the absence of a medical certificate of cause of death
  2. 2 Whether the court can restrain the coroner from proceeding with a post-mortem examination
  3. 3 Extent of invasiveness required in post-mortem examinations

Ratio Decidendi

The coroner was entitled, if not bound, to direct a post-mortem examination under section 19 of the Coroner's Act 1988, as no medical certificate of cause of death was available and the cause remained unknown; the court cannot restrain a process 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