R v Poplar Coroner, ex parte Chaudhry
| Jurisdiction | England & Wales |
| Judgment Date | 08 October 1992 |
| Date | 08 October 1992 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Farquharson, Lord Justice Nourse and Lord Justice Evans
Coroner - election of jury inquest - limited discretion
A coroner was not given a wide discretion by section 8(3) of the Coroners Act 1988 whether to summon a jury for an inquest. Under section 8(3)(d), his task was to consider whether there was reason to suspect that the death occurred in "circumstances the continuance or possible recurrence of which is prejudicial to the health or safety of the public" and if it appeared that there were such circumstances then he had to summon a jury.
The Court of Appeal so stated when granting an ex parte renewed application by Mrs Brigitte Chaudhry for leave to move for judicial review of a decision by the coroner at Poplar Coroners Court on July 31, 1991. The coroner had declined Mrs Chaudhry's request to summon a jury for the inquest on the death of her son in a road traffic accident. Her original application for judicial review was refused by Mr Justice Otton in January 1992.
Mrs Chaudhry in person
LORD JUSTICE FARQUHARSON, giving the judgment of the court, said that the death followed a shocking accident at traffic lights. The applicant's case was that the conduct of the offending driver, who drove across red lights, prejudiced the safety of the public.
After doing considerable research on she contended...
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