R v Inner West London Coroner, ex parte Dallaglio ; R v Same, ex parte Lockwood-Croft
| Jurisdiction | England & Wales |
| Judgment Date | 10 June 1994 |
| Date | 10 June 1994 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Sir Thomas Bingham, Master of the Rolls, Lord Justice Farquharson and Lord Justice Simon Brown
Coroner - resumption of inquest - unconscious judicial bias
Expressions used by a coroner enquiring into the deaths of the victims of the Marchioness disaster that one of the relatives was "unhinged" and some others were "mentally unwell" indicated a real danger that he had, albeit unconsciously, unfairly regarded their views with disfavour and had undervalued their case that the inquests should be resumed.
The Court of Appeal so held allowing appeals by Eileen Dallaglio and Margaret Lockwood-Croft from the Queen's Bench Divisional Court (Lord Justice Neill and Mr Justice Mantell) which had refused their applications for judicial review of decisions of Dr Paul Knapman, Inner West London Coroner, on July 22, 1992 refusing (i) to remove himself on the ground of apparent bias, and (ii) to resume the inquests into the deaths of Francesca Dallaglio and Shaun Lockwood-Croft.
Mr Daniel Brennan, QC, for Mrs Dallaglio; Mr Terry Munyard for Mrs Lockwood-Croft; Mr Jeremy Sullivan, QC and Mr Paul Stinchcombe for the coroner.
LORD JUSTICE SIMON BROWN said that the deceased were two of the 51 who had died in the Marchioness disaster in August 1989. Inquests were formally opened and immediately adjourned but in February 1990 the coroner indicated that he would commence hearings in two parts, the first relating to forensic and identification evidence concerning the issues of who had died, when and from what cause, and the second relating to the eyewitness and technical evidence concerning how the deceased came by their deaths.
In April 1990 the inquests had been adjourned on the intervention of the Director of Public Prosecutions. Mrs Lockwood-Croft, through a misunderstanding for which the coroner was not responsible, was denied sight of her son's body.
On her subsequent unsuccessful application for an exhumation order the coroner had expressed his belief to the relevant authorities that she had been deeply affected psychologically in her grief and was by no means acting rationally. He had added that there were some mentally unwell relatives and survivors who mutually supported each other.
During 1992 Mrs Lockwood-Croft became aware that her son's hands, in common with those of a number of others...
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