HM Senior Coroner for Cornwall and the Scilly Isles
[2024] EWHC 2673 (Admin)
In the Matter of the Inquest into the Death of Robert Leech
4 May 2023
[2023] EWHC 3476 (Admin)
High Court
A coroner's inquest wrongly said a man died from asbestos exposure. New evidence shows he didn't. A judge ordered a new, correct inquest.
Key Facts
- •Inquest into the death of Robert Leech held on 7 August 2019.
- •Initial inquest concluded death was due to industrial disease (asbestosis) based on pathologist's report.
- •New evidence from Professor Sheaff's report contradicts initial findings, suggesting insufficient evidence for asbestosis diagnosis.
- •Revised pathologist report changed cause of death to idiopathic pulmonary fibrosis, not attributable to asbestos.
- •Coroner seeks to quash initial inquest findings and order a new investigation under Coroners Act 1988, s.13.
- •Malcolm Leech, the interested party, did not oppose the application.
Legal Principles
The High Court can quash inquest findings and order a new investigation if satisfied that an inquest has been held by reason of fraud, rejection of evidence, irregularity of proceedings, insufficiency of inquiry, the discovery of new facts or evidence, or otherwise it is necessary or desirable in the interests of justice.
Coroners Act 1988, s.13(1)
The High Court can order a fresh investigation into a death by the same or another coroner in the same area.
Coroners Act 1988, s.13(2)(a)
The High Court can quash any inquisition or determination made at an inquest.
Coroners Act 1988, s.13(2)(c)
An inquest can be discontinued if death is due to natural causes.
Coroners and Justice Act 2009, s.4(1)
Outcomes
The court quashed the determinations and findings of the initial inquest.
Discovery of new evidence that contradicted the initial cause of death determination made it necessary and desirable in the interests of justice to hold a fresh investigation.
The court ordered a fresh investigation into Mr. Leech's death to be conducted by the same coroner.
To ensure a proper investigation based on the newly discovered evidence.
No order for costs was made.
Not explicitly stated in the judgment.
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