Attorney General v Coroner of South Yorkshire (West) & Anor [2012] EWHC 3783 (Admin) (19 December 2012)

Attorney General v Coroner of South Yorkshire (West) & Anor [2012] EWHC 3783 (Admin) (19 December 2012)

The original inquests into the Hillsborough disaster deaths were insufficient due to the flawed 3.15pm cut-off, failure to investigate events after that time, new pathological evidence indicating some victims may have survived post-3.15pm, and other new evidence regarding police and emergency services' actions, amendments to statements, and stadium safety. In the interests of justice, all inquisitions must be quashed and new inquests ordered.

Citation
[2012] EWHC 3783 (Admin)
Parties
Applicant: Her Majesty's Attorney General; First Respondent: Her Majesty's Coroner of South Yorkshire (West); Second Respondent: Her Majesty's Coroner of West Yorkshire (West); Interested Parties: 63 families (represented); Interested Parties: 14 families (represented); Interested Party: South Yorkshire Police; Interested Party: Police Federation
Jurisdiction
England and Wales
Judgment Date
19 December 2012
Procedural Posture
Judicial Review / Application Under Coroners Act 1988 S.13 / Final Judgment on Application to Quash Inquests
Outcome
Application granted. All inquisitions quashed. New inquests ordered.
Legal Topics
Inquests, Quashing of Inquests, Fresh Evidence, Article 2 ECHR, Public Disasters, Police Accountability
Coronial Law Administrative Law Human Rights Inquests Quashing of Inquests Fresh Evidence Article 2 ECHR Public Disasters +1 more

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Parties

Her Majesty's Attorney General

Applicant

Her Majesty's Coroner of South Yorkshire (West)

First Respondent

Her Majesty's Coroner of West Yorkshire (West)

Second Respondent

63 families (represented)

Interested Parties

14 families (represented)

Interested Parties

South Yorkshire Police

Interested Party

Police Federation

Interested Party

Procedural Posture

Judicial Review / Application Under Coroners Act 1988 S.13 / Final Judgment on Application to Quash Inquests

Legal Issues

  1. 1 Whether the original inquests into the Hillsborough disaster deaths should be quashed under section 13 of the Coroners Act 1988
  2. 2 Whether new evidence justifies new inquests in the interests of justice

Ratio Decidendi

The original inquests into the Hillsborough disaster deaths were insufficient due to the flawed 3.15pm cut-off, failure to investigate events after that time, new pathological evidence indicating some victims may have survived post-3.15pm, and other new evidence regarding police and emergency services' actions, amendments to statements, and stadium safety. In the interests of justice, all inquisitions must be quashed and new inquests ordered.

Court Disposition

Application granted. All inquisitions quashed. New inquests ordered.

Orders

  • All inquisitions into the deaths of the 96 Hillsborough disaster victims are quashed.
  • New inquests to be held for each victim.