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17 June 2020 / David Regan
Issue: 7891 / Categories: Opinion , Coronial law , Covid-19
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Coroners, coronavirus & controversy

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The investigation of many individual COVID-19 deaths is likely to give rise to significant controversy, says David Regan

With news that civil actions against the Department for Health and Social Care have already been commenced arising from its management of the response to the coronavirus, the investigation of many individual COVID-19 deaths is likely to give rise to significant controversy. A large proportion of the work in England and Wales falls upon the Coroners’ Service, which has been ably assisted by clear, well-reasoned and helpful guidance provided by the chief coroner.However, identifying which COVID 19 deaths are unnatural—and thus require coronial investigation and inquest—is not straightforward. It is likely to give rise to a number of challenges.

Deaths caused by exposure in work give rise to the greatest difficulty. Clinicians and care workers have already died of the disease. When deciding whether or not she has a duty to investigate, a coroner must do so if she has reason to suspect that the death was contributed to by some human error.

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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