Jones v HM Coroner for Gwent & Anor
The application to reopen the inquest is refused because the change in the DPP's position does not constitute new evidence or a new fact under section 13, the Coroner's verdict was reached on proper consideration of evidence, and significant delay precludes reopening. The interests of justice do not require a fresh inquest.
- Parties
- Claimant: Nathan Jones; Defendant: HM Coroner for Gwent; Intervener: William Tudor
- Jurisdiction
- England and Wales
- Judgment Date
- 05 November 2015
- Procedural Posture
- Application Under Section 13 of the Coroners Act 1988 / Judgment on Application to Reopen Inquest
- Outcome
- Application refused
- Legal Topics
- Reopening Inquest, Gross Negligence Manslaughter, Judicial Review, Delay in Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Nathan Jones
Claimant
HM Coroner for Gwent
Defendant
William Tudor
Intervener
Procedural Posture
Application Under Section 13 of the Coroners Act 1988 / Judgment on Application to Reopen Inquest
Legal Issues
- 1 Whether fresh evidence or new facts justify reopening the inquest under section 13 of the Coroners Act 1988
- 2 Whether the interests of justice require a fresh inquest
- 3 Whether delay precludes reopening the inquest
Ratio Decidendi
The application to reopen the inquest is refused because the change in the DPP's position does not constitute new evidence or a new fact under section 13, the Coroner's verdict was reached on proper consideration of evidence, and significant delay precludes reopening. The interests of justice do not require a fresh inquest.
Court Disposition
Application refused
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