HM Assistant Coroner for Inner London Court, Re [2024] EWHC 1085 (Admin) (23 April 2024)

HM Assistant Coroner for Inner London Court, Re [2024] EWHC 1085 (Admin) (23 April 2024)

Fresh evidence demonstrates that the original inquest was based on a misinterpretation of toxicology results, leading to an inaccurate finding as to cause of death. It is necessary and desirable in the interests of justice to quash the original inquest and order a new investigation and inquest.

Citation
[2024] EWHC 1085 (Admin)
Parties
Claimant: HM Assistant Coroner for Inner London Court; Interested Parties: Mr and Mrs Brandt
Jurisdiction
England and Wales
Judgment Date
23 April 2024
Procedural Posture
Application Under Coroners Act 1988 S.13 / Judgment on Application to Quash Inquest and Order Fresh Inquest
Outcome
Application granted
Legal Topics
Quashing of Inquest, Fresh Evidence, Interests of Justice, Coroners Act 1988 S.13, Coroners and Justice Act 2009
Coronial Law Administrative Law Quashing of Inquest Fresh Evidence Interests of Justice Coroners Act 1988 S.13 Coroners and Justice Act 2009

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Parties

HM Assistant Coroner for Inner London Court

Claimant

Mr and Mrs Brandt

Interested Parties

Procedural Posture

Application Under Coroners Act 1988 S.13 / Judgment on Application to Quash Inquest and Order Fresh Inquest

Legal Issues

  1. 1 Whether fresh evidence justifies quashing the original inquest and ordering a new inquest under s.13 of the Coroners Act 1988

Ratio Decidendi

Fresh evidence demonstrates that the original inquest was based on a misinterpretation of toxicology results, leading to an inaccurate finding as to cause of death. It is necessary and desirable in the interests of justice to quash the original inquest and order a new investigation and inquest.

Court Disposition

Application granted

Orders

  • The determination and findings made at the inquest into the death of Ms Karina Jane Brandt on 18 March 2021 are quashed.
  • A further investigation and inquest under Part 1 of the Coroners and Justice Act 2009 shall be held into the death of Ms Karina Jane Brandt by the claimant.