Appeals from coroners’ courts
The decisions of coroners, and of inquests, including their verdicts, are not subject to appeal in the strict sense. But they are subject to review by the High Court under two distinct jurisdictions. (It makes no difference whether the inquest was held with a jury or not: the same rules apply.)
The first jurisdiction is conferred by a special statutory power given to the High Court by the Coroners Act 1988, s 13. The relevant procedural rule is derived from the old RSC Ord 94 rule 14, now in Civil Procedure Rules ("CPR") Schedule 1. This jurisdiction is peculiar to decisions of coroners and their inquests. The second jurisdiction is that known as judicial review, under CPR Part 54, which is not restricted to coroners, but applies generally to public law decisions of government, administrative bodies and inferior tribunals.
There are strict time limits for seeking such reviews, and in addition permission to do so must be first obtained, in the first case from the Attorney General, and in the second from the Court itself. In some cases a form of financial assistance with the legal costs of such proceedings can be obtained, from the Legal Services Commission, under the Access to Justice Act 1999, Part I.
Neither the Home Office nor the Lord Chancellor's Department has any power in relation to the decisions of coroners or the results of inquests.
See, generally, Jervis, Chap 19, Levine,
Chap 24, Halsbury’s Laws, Vol 9(2), paras 968-973; Dorries, paras
10.06-10.08.3; Thomas, Friedman & Christian, Chap 20.
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Last modified: Monday, 09-Aug-2004 08:53:10 BST by: Malcolm Bishop