Mullholland v HM Coroner for St Pancras

Mullholland v HM Coroner for St Pancras

None of the grounds for judicial review were substantiated; the Deputy Coroner acted within his discretion regarding admission of evidence, management of the inquest, and refusal to adjourn. The fresh medical evidence did not establish a gross failure or causation sufficient to warrant a new inquest under section 13...

Source-derived case information.

Parties
Claimant/applicant: Linda Mullholland; Defendant: HM Coroner for St Pancras; Interested Party: Metropolitan Police Commissioner
Jurisdiction
England and Wales
Judgment Date
07 November 2003
Procedural Posture
Judicial Review and Application Under Section 13 of the Coroners Act 1988 / Judgment After Hearing of Combined Applications
Outcome
Application for judicial review and application for a new inquest under section 13 of the Coroners Act 1988 dismissed.
Legal Topics
Judicial Review of Inquest, Section 13 Coroners Act 1988, Admission of Evidence Under Rule 37, Neglect Verdicts, Article 2 ECHR
Administrative Law Coroners Law Human Rights Judicial Review of Inquest Section 13 Coroners Act 1988 Admission of Evidence Under Rule 37 Neglect Verdicts Article 2 ECHR

Source-derived case record

Summary, issues, holding and outcome

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Parties

Linda Mullholland

Claimant/applicant

HM Coroner for St Pancras

Defendant

Metropolitan Police Commissioner

Interested Party

Procedural Posture

Judicial Review and Application Under Section 13 of the Coroners Act 1988 / Judgment After Hearing of Combined Applications

Legal Issues

  1. 1 Whether the Deputy Coroner erred in admitting statements under Rule 37 of the Coroners Rules 1984
  2. 2 Whether restriction on cross-examination was improper
  3. 3 Whether there was an unexplained time gap in the deceased's treatment

Ratio Decidendi

None of the grounds for judicial review were substantiated; the Deputy Coroner acted within his discretion regarding admission of evidence, management of the inquest, and refusal to adjourn. The fresh medical evidence did not establish a gross failure or causation sufficient to warrant a new inquest under section 13 of the Coroners Act 1988. The interests of justice did not require a new inquest.

Court Disposition

Application for judicial review and application for a new inquest under section 13 of the Coroners Act 1988 dismissed.

Orders

  • Coroner to recover costs of the abortive hearing before Crane J and of the hearing in this court.
  • No order as to costs for the Metropolitan Police Commissioner.