HM Assistant Coroner for Inner London Court, Re

HM Assistant Coroner for Inner London Court, Re

Fresh evidence demonstrates the original inquest conclusion was based on a misinterpretation of toxicology results; it is necessary and desirable in the interests of justice to quash the findings and order a new inquest so the cause of death can be properly investigated and recorded.

Parties
Claimant: HM Assistant Coroner for Inner London Court; Interested Parties: Mr and Mrs Brandt
Jurisdiction
England and Wales
Judgment Date
13 November 2024
Procedural Posture
Judicial Review / Application Under Coroners Act / 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
Coroners 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

Judicial Review / Application Under Coroners Act / 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
  2. 2 Whether the interests of justice require a further investigation into the death of Karina Jane Brandt

Ratio Decidendi

Fresh evidence demonstrates the original inquest conclusion was based on a misinterpretation of toxicology results; it is necessary and desirable in the interests of justice to quash the findings and order a new inquest so the cause of death can be properly investigated and recorded.

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.