HM Senior Coroner for North West Wales v [2017] EWHC 2557 (Admin) (04 October 2017)

HM Senior Coroner for North West Wales v [2017] EWHC 2557 (Admin) (04 October 2017)

The emergence of credible and relevant DNA evidence, unavailable at the time of the original inquest, constitutes new facts justifying the quashing of the 1995 inquisition and the ordering of a fresh investigation in the interests of justice.

Citation
[2017] EWHC 2557 (Admin)
Parties
Claimant: Her Majesty's Senior Coroner for North West Wales
Jurisdiction
England and Wales
Judgment Date
04 October 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Quashing of Inquisition, Fresh Investigation, New Evidence, DNA Identification
Administrative Law Coroners Law Quashing of Inquisition Fresh Investigation New Evidence DNA Identification

Case Brief

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Parties

Her Majesty's Senior Coroner for North West Wales

Claimant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

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

Ratio Decidendi

The emergence of credible and relevant DNA evidence, unavailable at the time of the original inquest, constitutes new facts justifying the quashing of the 1995 inquisition and the ordering of a fresh investigation in the interests of justice.

Court Disposition

Claim allowed

Orders

  • The inquisition of 30 March 1995 is quashed.
  • A fresh investigation under Part 1 of the Coroners and Justice Act 2009 is ordered.