HM Senior Coroner for Cornwall And the Scilly Isles v Rowe & Ors (Rev1) [2024] EWHC 2673 (Admin) (22 October 2024)

HM Senior Coroner for Cornwall And the Scilly Isles v Rowe & Ors (Rev1) [2024] EWHC 2673 (Admin) (22 October 2024)

The emergence of cogent new evidence pointing to unacceptable standards of care and deficiencies in hospital processes, not available at the original inquests, makes it both necessary and desirable in the interests of justice to quash the original inquests and order fresh investigations.

Citation
[2024] EWHC 2673 (Admin)
Parties
Claimant: HM Senior Coroner for Cornwall and the Scilly Isles; Interested Party: Elaine Rowe; Interested Party: Helen Price; Interested Party: Royal Cornwall Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
22 October 2024
Procedural Posture
Administrative Application Under Section 13 Coroners Act 1988 / Judgment on Application to Quash Inquests and Order Fresh Investigations
Outcome
Claims allowed; original inquests quashed; fresh investigations and inquests ordered.
Legal Topics
Quashing of Inquests, Fresh Evidence, Medical Negligence, Hospital Systems, Consent Process, Standard of Care
Coronial Law Administrative Law Medical Law Quashing of Inquests Fresh Evidence Medical Negligence Hospital Systems Consent Process +1 more

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Parties

HM Senior Coroner for Cornwall and the Scilly Isles

Claimant

Elaine Rowe

Interested Party

Helen Price

Interested Party

Royal Cornwall Hospitals NHS Trust

Interested Party

Procedural Posture

Administrative Application Under Section 13 Coroners Act 1988 / Judgment on Application to Quash Inquests and Order Fresh Investigations

Legal Issues

  1. 1 Whether new facts and evidence justify quashing the original inquests and ordering fresh investigations into the deaths of Edward John Masters and Mary Helen Rooker

Ratio Decidendi

The emergence of cogent new evidence pointing to unacceptable standards of care and deficiencies in hospital processes, not available at the original inquests, makes it both necessary and desirable in the interests of justice to quash the original inquests and order fresh investigations.

Court Disposition

Claims allowed; original inquests quashed; fresh investigations and inquests ordered.

Orders

  • Quashing of the original inquest determinations and findings for both deaths
  • Direction for fresh investigations and inquests to be held, which may be before the claimant