Howlett v HM Coroner for the County of Devon & Anor [2006] EWHC 2570 (Admin) (04 October 2006)

Howlett v HM Coroner for the County of Devon & Anor [2006] EWHC 2570 (Admin) (04 October 2006)

The original inquest was vitiated by insufficiency of inquiry due to inadequate toxicology testing and absence of a post mortem, compounded by procedural irregularity in failing to comply with rule 37 of the Coroners Rules 1984. New expert evidence now establishes a probable cause of death. In the interests of justice, a fresh inquest is necessary and should be held by a different coroner from another district.

Citation
[2006] EWHC 2570 (Admin)
Parties
Claimant: Paul Anthony Howlett; Defendant: HM Coroner for the County of Devon; Interested Party: Mr and Mrs Holcroft
Jurisdiction
England and Wales
Judgment Date
04 October 2006
Procedural Posture
Appeal Under Section 13 of the Coroners Act 1988 / Judgment on Application to Quash Inquest and Order Fresh Inquest
Outcome
Appeal allowed; original inquest quashed; fresh inquest ordered by a different coroner from another district.
Legal Topics
Inquests, Section 13 Coroners Act, Insufficiency of Inquiry, New Evidence, Irregularity of Proceedings, Costs, Article 2 ECHR
Administrative Law Coroners Law Human Rights Inquests Section 13 Coroners Act Insufficiency of Inquiry New Evidence Irregularity of Proceedings +2 more

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Parties

Paul Anthony Howlett

Claimant

HM Coroner for the County of Devon

Defendant

Mr and Mrs Holcroft

Interested Party

Procedural Posture

Appeal Under Section 13 of the Coroners Act 1988 / Judgment on Application to Quash Inquest and Order Fresh Inquest

Legal Issues

  1. 1 Whether the original inquest into Rachel Whitear's death was vitiated by insufficiency of inquiry, new evidence, or irregularity of proceedings under section 13(1)(b) of the Coroners Act 1988
  2. 2 Whether a fresh inquest is necessary or desirable in the interests of justice
  3. 3 Whether the coroner's conduct at the original inquest breached the Coroners Rules 1984, particularly rule 37

Ratio Decidendi

The original inquest was vitiated by insufficiency of inquiry due to inadequate toxicology testing and absence of a post mortem, compounded by procedural irregularity in failing to comply with rule 37 of the Coroners Rules 1984. New expert evidence now establishes a probable cause of death. In the interests of justice, a fresh inquest is necessary and should be held by a different coroner from another district.

Court Disposition

Appeal allowed; original inquest quashed; fresh inquest ordered by a different coroner from another district.

Orders

  • Original inquest quashed.
  • Fresh inquest to be held by a different coroner from another district in the same administrative area.