HM Senior Coroner for North West Wales v

HM Senior Coroner for North West Wales v

The emergence of credible and relevant DNA evidence, unavailable at the time of the original inquest, constitutes new facts or evidence under s.13 of the Coroners Act 1988, and the interests of justice require a fresh investigation to establish the identity of the deceased.

Parties
Claimant: Her Majesty’s Senior Coroner for North West Wales
Jurisdiction
England and Wales
Judgment Date
04 October 2017
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed
Legal Topics
Quashing of Inquisition, Fresh Investigation, New Evidence, DNA Identification
Coroners Law Administrative 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 / Judgment

Legal Issues

  1. 1 Whether new evidence justifies quashing the 1995 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 or evidence under s.13 of the Coroners Act 1988, and the interests of justice require a fresh investigation to establish the identity of the deceased.

Court Disposition

Claim allowed

Orders

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