Takoushis, R (on the application of) v HM Coroner for Inner North London & Ors [2005] EWCA Civ 1440 (30 November 2005)

Takoushis, R (on the application of) v HM Coroner for Inner North London & Ors [2005] EWCA Civ 1440 (30 November 2005)

The coroner failed to conduct a sufficiently full and fair investigation into whether there was a systemic failure at the hospital, as required by law. He reached a conclusion on the absence of systemic failure without adequate evidence or inquiry, particularly by not calling relevant witnesses or allowing for...

Source-derived case information.

Citation
[2005] EWCA Civ 1440
Parties
Claimant/appellant: Helen Takoushis; Defendant/first Respondent: Her Majesty's Coroner for Inner North London; Interested Party/second Respondent: Guys and St Thomas' Hospital NHS Trust; Interested Party/third Respondent: The Commissioner of the Metropolitan Police
Jurisdiction
England and Wales
Judgment Date
30 November 2005
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From High Court (administrative Court)
Outcome
Appeal allowed; inquest verdict quashed; new inquest ordered.
Legal Topics
Scope of Inquest, Article 2 ECHR Obligations, Systemic Neglect in Healthcare, Jury Inquests Under Coroners Act 1988, Procedural Fairness in Inquests
Public Law Human Rights Law Coroners Law Medical Law Scope of Inquest Article 2 ECHR Obligations Systemic Neglect in Healthcare Jury Inquests Under Coroners Act 1988 +1 more

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Summary, issues, holding and outcome

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Parties

Helen Takoushis

Claimant/appellant

Her Majesty's Coroner for Inner North London

Defendant/first Respondent

Guys and St Thomas' Hospital NHS Trust

Interested Party/second Respondent

The Commissioner of the Metropolitan Police

Interested Party/third Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether the coroner erred in refusing to summon a jury under section 8(3)(d) of the Coroners Act 1988
  2. 2 Whether the coroner erred in refusing to adjourn the inquest to allow the family to obtain expert evidence
  3. 3 Whether the inquest sufficiently investigated possible systemic failures at the hospital

Ratio Decidendi

The coroner failed to conduct a sufficiently full and fair investigation into whether there was a systemic failure at the hospital, as required by law. He reached a conclusion on the absence of systemic failure without adequate evidence or inquiry, particularly by not calling relevant witnesses or allowing for expert evidence. This flaw undermined his decisions to refuse a jury and to refuse an adjournment. The inquest verdict must be quashed and a new inquest held.

Court Disposition

Appeal allowed; inquest verdict quashed; new inquest ordered.

Orders

  • The verdict of the inquest is quashed.
  • A new inquest is to be held.