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Inquests and investigations

inquests and investigations

Coroners’ inquests into unnatural deaths involving health and social care organisations are on the increase. They are particularly stressful for individuals called to give evidence, with the cases being held in public and often in front of family members of the deceased.

We know that every case is different and our approach is tailored to your requirements - inquests always require a combination of shrewd legal analysis and sensitive handling.

Our specialist inquest team advises on over 300 inquests per year, dealing with many complex and sensitive matters and has developed a nationally recognised expertise in the field of coronial law. Many of the witnesses we deal with are unfamiliar with the coroner’s court and have never given evidence before. We support them throughout the process, providing careful guidance on what to expect.

We have been working on behalf of public and private sector health organisations for many years, appearing before more than 50 different coroners across the country, lecturing nationally and hosting quarterly inquest and litigation forums.

what we do...

A total solution - we advise on related claims and policy issues, police investigations, Health & Safety Executive prosecutions and disciplinary action.
Review of statements to be sent to the coroner.
Advice on legal issues, disclosure of documents and likely determinations.
Advice on dealing with media and reputational issues.

Pre-inquest meetings with your people involved in the case.
Advocacy at the inquest and any pre-inquest hearings.
Assistance with responding to Prevention of Future Deaths (PFD) reports.

related resources

Legal updates

Medical Protection Society successful with fundamental dishonesty ruling

In Simpson v Payne, the Defendant Applicant (Defendant) was successful before His Honour Judge Murdoch in their application for a finding of fundamental dishonesty against the Claimant resulting in an enforceable costs order against the Claimant directly.

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Legal updates

Checklist for NHS organisations when commissioning external reviews

When commissioning external reviews, robust end-to-end Terms of Reference (ToR) should be agreed at the outset. Find out more here.

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Legal updates

Systemic failure or medical negligence?

Lord Burnett handed down Judgement at the RCJ on 10 June 2020 of the following case which is the latest in a line of authorities to explore the engagement of Article 2 at Inquests concerning medical care/treatment, reaffirming the point that such cases will not ordinarily trigger the need for an Article 2 inquest.

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Legal updates

High Court denies relief from sanctions

In Magee v Willmott Browne Jacobson successfully appealed on behalf of the Defendant a lower court decision to allow the Claimant relief from sanctions to rely upon expert evidence served after the deadline had passed for exchange and not to strike out part of the Claimant’s case which was unsupported by the Claimant’s breach expert and where no case on causation had been pleaded.

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what our clients say....

what the directories say...

A source states: "They are both informative and thorough in providing advice on quite complex matters concerning defendant claims."

Chambers 2019

A client says: 'They deliver real added value. They don't just think about the legal problem before them but also the overall strategic issues.'

Chambers and Partners 2018

A client says: 'I wanted practical, clear advice, and that was what I got.'

Chamber 2018

Browne Jacobson LLP’s ‘knowledgeable, pragmatic and approachable’ group combines local government and social care expertise with its healthcare specialism to assist local authorities, NHS bodies, private sector providers and membership bodies for healthcare professionals with matters ranging from commercial initiatives and projects to inquests and regulatory work.

Legal 500 2017

Browne Jacobson LLP is a ‘highly competent healthcare firm that is excellent value for money’.

Legal 500 2017

They are a leading, one-stop-shop healthcare firm. They offer a whole range of services. Their out-of-hours support is very strong.

Chambers 2017

Thomas Armstrong, Ian Long and Sarah White are also recommended.

Chambers 2019

recent experience

Represented a hospital into the death of a woman from the “flesh-eating bug”, necrotising fasciitis. The patient had been admitted with intense pain in her elbow, which doctors attributed to an underlying rheumatic condition. The family alleged that an immediate diagnosis should have been made - we persuaded the coroner at the inquest that the treatment had been timely and earlier intervention could not have been possible.
We advised on an inquest involving an elderly lady in care who suffered injuries, haemorrhage and subsequent death after being dropped from a hoist by carers – we represented the care providers. The key issues related to safeguarding and a PFD implication. Whilst the policies and procedures of the care provider were scrutinised in detail, we successfully avoided a PFD notice and minimised media attention.
We advised on a high profile baby inquest in which considerable attention was placed on the medical management of the labour; multiple hospital witnesses were called to give evidence and high volumes of documentation were disclosed. The verdict was one of natural causes and critical comments via summing up by the coroner were minimised.