HM Senior Coroner for Cornwall and the Scilly Isles

HM Senior Coroner for Cornwall and the Scilly Isles

The emergence of cogent new evidence regarding 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 inquest findings and order fresh investigations into the deaths.

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
Judicial Review (part 8 Claim) / Judgment on Application to Quash Inquests and Order Fresh Investigations
Outcome
Claims allowed; original inquest determinations quashed; fresh investigations and inquests ordered; no order as to costs.
Legal Topics
Quashing of Inquests, Fresh Evidence, Medical Negligence, Hospital Systems Failure, Consent in Medical Procedures
Coronial Law Administrative Law Medical Law Quashing of Inquests Fresh Evidence Medical Negligence Hospital Systems Failure Consent in Medical Procedures

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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

Judicial Review (part 8 Claim) / Judgment on Application to Quash Inquests and Order Fresh Investigations

Legal Issues

  1. 1 Whether discovery of new facts and evidence justifies 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 regarding 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 inquest findings and order fresh investigations into the deaths.

Court Disposition

Claims allowed; original inquest determinations quashed; fresh investigations and inquests ordered; no order as to costs.

Orders

  • Determinations and findings of the original inquests into the deaths of Edward John Masters and Mary Helen Rooker are quashed.
  • A fresh investigation and inquest is to be held in each case, which may be conducted by the claimant.