Kane v Gallagher (Approved) [2021] IEHC 794 (30 November 2021)

Kane v Gallagher (Approved) [2021] IEHC 794 (30 November 2021)

The coroner's refusal to permit cross-examination and to hear legal submissions constituted a breach of fair procedures and natural justice, but the court found that quashing the verdict would serve no useful purpose as the same verdict would be reached upon a fresh inquest.

Citation
[2021] IEHC 794
Parties
Applicant: Terry Kane; Respondent: Crona Gallagher
Jurisdiction
Ireland
Judgment Date
30 November 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Relief refused; verdict not quashed.
Legal Topics
Fair Procedures, Natural Justice, Cross Examination Rights, Scope of Inquest, Audi Alteram Partem
Administrative Law Coroner Law Procedural Law Fair Procedures Natural Justice Cross Examination Rights Scope of Inquest Audi Alteram Partem

Case Brief

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Parties

Terry Kane

Applicant

Crona Gallagher

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the coroner erred in law by refusing cross-examination of witnesses
  2. 2 Whether refusal to hear legal submissions breached fair procedures
  3. 3 Whether failure to review medical records breached lawful rights

Ratio Decidendi

The coroner's refusal to permit cross-examination and to hear legal submissions constituted a breach of fair procedures and natural justice, but the court found that quashing the verdict would serve no useful purpose as the same verdict would be reached upon a fresh inquest.

Court Disposition

Relief refused; verdict not quashed.

Orders

  • No order quashing the verdict
  • No order remitting for further decision