HM Assistant Coroner for Inner London Court, Re
[2024] EWHC 1085 (Admin)
HM Senior Coroner for Sefton Knowsley and St Helens v Michael Kay & Ors
15 May 2024
[2024] EWHC 1366 (Admin)
High Court
A woman died, and the first inquest said it wasn't suicide. Later, new evidence suggested it might have been. A judge ordered a second inquest to look at all the evidence, even though the family didn't want it.
Key Facts
- •Michelle Kay died on October 2, 2020, with empty prescription medication packets nearby.
- •The initial inquest (February 3, 2021) concluded the cause of death was bronchopneumonia and mixed-drug toxicity, with no indication of suicide.
- •Post-inquest, medical records revealed Michelle had been hospitalized seven weeks prior (August 8, 2020) following an intentional overdose with suicidal intent, and contained possible suicide notes.
- •The coroner was unaware of this evidence during the initial inquest.
- •Michelle's family initially supported a new inquest but later opposed it, citing the emotional distress and believing the original inquest sufficient.
- •There was an unexplained delay in applying for a new inquest (May 2021 to December 2021).
Legal Principles
Section 13 of the Coroners Act 1988 allows the High Court to quash an inquest and order a new one if it's necessary or desirable in the interests of justice due to factors like fraud, rejection of evidence, irregularity, insufficient inquiry, or new evidence.
Coroners Act 1988, s.13
In determining whether a new inquest is necessary or desirable, courts consider the possibility of a different verdict, the number of shortcomings in the original inquest, and new evidence that wasn't previously investigated. A different verdict isn't a precondition; the public revelation of evidence confirming the original verdict might be sufficient.
R (on the application of) Sutovic v HM Coroner Northern District of Greater London [2006] EWHC 1095 (Admin); Attorney General v Coroner of South Yorkshire (West) & Anor [2012] EWHC 3783 (Admin)
The wishes of the deceased's family are a relevant factor, but not determinative.
Inquest into the Death of Michael Vaughan [2020] EWHC 3670 (Admin)
Outcomes
The original inquest and its findings were quashed.
The newly discovered evidence (hospital records and notes indicating a possible suicide attempt seven weeks before death) created the possibility of a different conclusion, making a new inquest desirable in the interests of justice, even considering the family's wishes and the delay.
A new inquest was ordered before a different coroner in the same area.
To ensure impartiality and a fresh consideration of the evidence.
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