What is a coroner's inquest?
Inquisitorial; four questions: who, when, where, how; record of inquest findings; conclusions including "accident," "unlawful killing" or narrative conclusion; not binding in civil proceedings but persuasive
What powers does the HSE have?
Investigation; improvement/prohibition notices; prosecution under HSWA 1974; unlimited fine; imprisonment for individuals; corporate manslaughter under Corporate Manslaughter and Corporate Homicide Act 2007
How does an HSE investigation affect a civil claim?
HSE findings not binding; but evidence gathered by HSE may become available via disclosure; criminal conviction can be adduced as evidence in civil proceedings under Civil Evidence Act 1968
Can a civil claim run alongside an inquest?
Yes; civil proceedings often issued before inquest to protect limitation; disclosure of inquest documents can support civil evidence
Should families get legal representation at an inquest?
Qualified legal representation available; Article 2 ECHR inquests in work deaths; Legal Aid available in some cases
Sources
- Coroners and Justice Act 2009
- Corporate Manslaughter and Corporate Homicide Act 2007
- HSWA 1974
- Civil Evidence Act 1968
- Human Rights Act 1998 Art 2