Rushbrooke v HM Coroner for West London

Rushbrooke v HM Coroner for West London

Given the procedural irregularities and insufficiency of inquiry identified, it is necessary and desirable in the interests of justice to quash the inquest and order a fresh investigation.

Parties
Applicant: Sylvia Rushbrooke; Respondent: HM Coroner for West London
Jurisdiction
England and Wales
Judgment Date
23 June 2020
Procedural Posture
Judicial Review / Application to Quash Inquest / Judgment on Application to Quash Inquest and Order Fresh Investigation
Outcome
Application granted
Legal Topics
Inquest, Quashing of Inquest, Procedural Irregularity, Insufficiency of Inquiry, Interests of Justice
Administrative Law Coronial Law Inquest Quashing of Inquest Procedural Irregularity Insufficiency of Inquiry Interests of Justice

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Parties

Sylvia Rushbrooke

Applicant

HM Coroner for West London

Respondent

Procedural Posture

Judicial Review / Application to Quash Inquest / Judgment on Application to Quash Inquest and Order Fresh Investigation

Legal Issues

  1. 1 Whether procedural irregularities and insufficiency of inquiry at the inquest justify quashing the findings and ordering a fresh inquest
  2. 2 Whether it is necessary or desirable in the interests of justice to hold a further inquest

Ratio Decidendi

Given the procedural irregularities and insufficiency of inquiry identified, it is necessary and desirable in the interests of justice to quash the inquest and order a fresh investigation.

Court Disposition

Application granted

Orders

  • The determination made at the inquest into the death of Renee Rushbrooke on 27 October 2016 is quashed.
  • A fresh investigation and inquest is ordered.