Attorney General for Northern Ireland and Siobhan Desmond v The Senior Coroner For Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 21 November 2013 |
| Neutral Citation | [2013] NICA 68 |
| Year | 2013 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 21 November 2013 |
1
Neutral Citation No. [2013] NICA 68
Ref:
MOR9053
Judgment: approved by the Court for handing down
Delivered:
21/11/2013
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
BETWEEN:
THE ATTORNEY GENERAL FOR NORTHRN IRELAND
and
SIOBHAN DESMOND
Appellants;
-and-
THE SENIOR CORONER FOR NORTHERN IRELAND
Respondent.
________
Before: Morgan LCJ, Girvan LJ and Coghlin LJ
_______
MORGAN LCJ (delivering judgment of the court)
[1] The appellants are the Attorney General for Northern Ireland (“the
Attorney”) and Siobhan Desmond. The appeal is against the decision of Treacy J
given on 8 May 2013 where he dismissed a judicial review challenge by the Attorney
to a decision of the Senior Coroner for Northern Ireland (“the Coroner”) on 1 August
2012 declining to comply with a direction by the Attorney given pursuant to Article
14(1) of the Coroners Act (Northern Ireland) 1959 (the 1959 Act) to conduct an
inquest into the death of Axel Desmond who was born stillborn on 16 October 2001.
Ms Desmond, the mother, was a notice party. The Attorney appeared with Mr
Scoffield QC. Ms Anyadike-Danes QC and Ms Fiona Doherty appeared for the
mother. Mr Hanna QC and Mr Doran appeared for the Coroner and Ms McMahon
prepared the written submission on behalf of the Royal College of Midwives. We are
grateful to all counsel for their helpful oral and written submissions.
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In the matter for Baby L
...purposes of section 7 of the Coroners Act (Northern Ireland) 1959. [2] Prior to the decision of the Court of Appeal in Re Axel Desmond [2013] NICA 68, the general understanding of the law in Northern Ireland was that – as in England – the Coroner’s jurisdiction did not extend to stillbirths......