header-logo header-logo

02 March 2012 / Martin Smith
Issue: 7503 / Categories: Features
printer mail-detail

A matter of life & death

Martin Smith explains why reforming archaic inquest laws is essential

Approaching half a million people die every year in the UK and the consequences of their death affect several times that number. Naturally, those affected by this brush with mortality often want to know how their spouse, partner, friend or relative died.

In its wisdom, the state helps answer this question through the medium of a coroner, employed by the local authority, who potentially holds office for life and dates her origins to about 1194 AD. This unusual character is neither Quincey nor Amanda Burton, cutting up bodies or getting too close to the grieving family. She is an over-burdened, often under-resourced judicial office holder who must certify death, conduct a fearless investigation into the facts, hold inquests, summon juries, navigate the complexities of a body of law where cases from Victorian times are cited, and face review in the administrative court. Coroners must do all these things without any official training.

Luckily, things are improving both for coroners and the bereaved.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll