Inquests

Inquests – how we can help

Hempsons lawyers regularly appear at inquests across the country. Margaret Taylor and Adam Smith sit as Assistant Coroners, reflecting our expertise in the field. We assist NHS clients as well as individual doctors and dentists and healthcare professionals in preparing for inquests, and provide advice and support to those who are asked to submit a report to the Coroner, called to give evidence as a witness, or are otherwise involved as an “Interested Person”. Every year, we have been involved in numerous lengthy, high-profile inquests and our expertise allows us to guide clients through what are often delicate, highly emotional and upsetting proceedings for the family of the deceased and for others involved.

What is an inquest?

The Coroner has a duty to investigate certain deaths. Examples include where someone has died in police custody, or where the death was violent, “unnatural” or of unknown cause. An inquest is a fact-finding inquiry, and the Coroner’s duty is to answer four questions: who died, where, when and how they came about their death. The fact-finding nature of an inquest means that there are no “sides”, it is not a trial and it is not designed to attribute blame (as would be the case in a criminal trial or civil claim. Many inquests will be conducted by the Coroner without the need for any witness evidence, but particularly where there are uncertainties about the fourth question (how the deceased came about their death), you might be asked to assist the Coroner by preparing a written report, attending to give evidence, or both.

The Coroner also has a duty to refer matters to an appropriate person to enable action to be taken to prevent similar deaths in the future (‘Prevention of Future Deaths’ letters).  We can advise you about the steps you can take to avoid such letters and how to respond if you or your organisation receive such a letter.

Preparing a report for the Coroner

Hempsons’ team of lawyers has years of experience of helping clients to prepare for and attend inquests. If you have been asked to prepare a report for the Coroner, we can help you to ensure that what you send both answers the Coroner’s queries and stays within the confines of what the inquest is intended to address. Often, preparing the right written report will mean that you can either avoid having to give evidence at the eventual hearing or that, if you do have to give evidence, it will be completed far more quickly and will be less stressful for you.

Interested Persons

An “Interested Person” is someone who is entitled to participate in the inquest, by receiving a copy of the evidence, asking questions of witnesses and, at the end of the hearing, making submissions on the law to the Coroner before he or she reaches his/her conclusion. Interested Persons will invariably include the family of the deceased but will also include anyone whose acts or omissions might in some way have contributed to the death. If you or a member of your NHS team are told by the Coroner that you are an Interested Person, Hempsons can provide the necessary legal advice and support to ensure you are fully-prepared, your and your organisation’s rights and best interests are protected and that the inquest is conducted and concluded properly. Contact us today for advice and representation at an inquest.

Giving evidence at an inquest

If you have been identified as an Interested Person, you will usually have to give evidence at the inquest hearing; but you might be asked to attend to give evidence even if you are not an Interested Person. Either way, there are subtleties to how oral evidence is heard at an inquest, which mean it is procedurally different to other kinds of court. The Coroner will usually ask most of the questions a witness is to answer, but the Interested Persons are also entitled to ask questions. Whether you are giving evidence as an Interested Person or just as a witness, we can help you to prepare for what can be a stressful experience, and to ensure that when you give evidence, only appropriate questions are asked of you. If you are an Interested Person, we will question the other witnesses for you, address the Coroner on your behalf and, where appropriate, make submissions at the end of the inquest, to assist the Coroner in reaching his or her conclusion.

Other proceedings

Our experienced inquest lawyers know that when representing clinicians, it is vital always to have in mind the potential for subsequent regulatory or civil consequences. Inquests can be used as an opportunity to gather and elicit evidence and take advice on whether or not there are grounds to take further action. There are also occasions when either the Coroner or an Interested Person raises concerns with either the police or a clinician’s regulatory body. Doctors also have a duty to self-report to the GMC if they are criticised by an official inquiry which includes criticism by a Coroner. This means that what happens at an inquest can dictate what happens afterwards. We have steered many NHS and individual clients through inquests in a way which avoids subsequent proceedings, so if you think you are at risk, contact us today and we can provide you with the guidance and support you need.

Whether you are involved in a simple one-day inquest or a lengthy, multi-party inquest, Hempsons can provide clear and specialist advice to protect your interests.

PeopleView all

NewsView all

Resources

  • Chambers UK 2017
    “[Adam is] a real thinker... If you have a problem case, he can find a way to tackle it.”
  • Chambers UK 2018
    “He’s unflappable, calm and level-headed. He’s good at managing the stress of the client.”
  • Chambers UK 2019
    “I would describe him as being great in a case analysis – he has a very intellectual, careful and cautious approach, and he is great at determining strategy.”
  • Chambers UK 2020
    “Very astute, switched-on and practical.”
  • Chambers UK 2017
    “Adrienne D'Arcy is an excellent lawyer who has real attention to detail. She carries the confidence of the client and she's comfortable in the advocacy that she gives. ”
  • Chambers 2019
    “Really knows her stuff and is particularly strategic.”
  • Legal 500 2018
    “Calm and very professional”
  • Chambers UK 2017
    “Anne Ball is vastly experience with very good tactical sense. She's a good strategic thinker about claims. ”
  • Chambers UK 2017
    “Anne Ball is an extremely impressive individual who is hugely experienced and spot-on with her strategy. ”
  • Chambers UK 2019
    “Massively experienced and has great tactical awareness.”
  • Chambers UK 2019
    “She has vast experience and brings a sense of calmness and genuine efficiency to any case.”
  • Legal 500 2016
    “Anne Ball is very sharp on detail.”
  • Legal 500 2019
    “Massively experienced with great tactical awareness.”
  • Chambers UK 2019
    “She's a details person who is very knowledgeable and extremely good at managing difficult clients.”
  • Legal 500 2017
    “An excellent clinical knowledge with an almost encyclopedic knowledge of regulatory law in the medico-legal field”
  • Legal 500 2019
    “Handles difficult clients with real skill, and is straight talking and knows the law inside out.”
  • Chambers UK 2017
    “Kathleen Wilson is an excellent lawyer who is healthcare-based through and through. ”
  • Legal 500 2019
    “Years of experience and lots of common sense and legal nous.”
  • Legal 500 2017
    “Extremely supportive and is prepared to go that extra mile”
  • Chambers UK 2017
    “Kirsten Blohm marries an ability to focus on the detail with a very impressive ability to see things in context and look at the bigger picture. ”
  • Chambers UK 2019
    “She couples excellent knowledge with a practical mind. She is fantastic with clients and always incredibly well prepared.”
  • Legal 500 2016
    “Kirsten Blohm is singled out for her ability to stay calm under pressure.”
  • Legal 500 2016
    “Kirsten Blohm works hard to achieve a fair outcome for both sides.”
  • Legal 500 2019
    “Unflappable and tenacious litigator who is very willing to discuss new ways to resolve matters.”
  • Legal 500 2019
    “Extremely thorough...delivers advice in a timely manner.”
  • Legal 500 2016
    “The client-focused and sensible Margaret Taylor is a very well-regarded advocate.”
  • Legal 500 2017
    “Simeon Bower is an ‘excellent litigator whose quiet and calm approach is underpinned by great skill and a strong nerve’.”
  • Legal 500 2019
    “Shrewd and realistic litigator”
  • Chambers UK 2016
    ““[Simon is] a vigorous and effective advocate” who is “very able and thorough.” “He continues to be highly regarded for his representation of healthcare practitioners."”
  • Chambers UK 2017
    “[Simon has] robust advice combined with tactical awareness and a good client manner. He is well regarded in the marketplace for his representation of medical professionals facing disciplinary proceedings.
    ”
  • Chambers UK 2018
    “He’s very experienced and knows the regulation of medical professionals inside out. He’s very thorough and very knowledgeable.”
  • Chambers UK 2020
    “Simon Eastwood is a standout lawyer who is well known for defending healthcare professionals before the GDC and GMC. Sources say: “He is hugely experienced. What he doesn’t know about regulatory work isn’t worth knowing.”
  • 2016
    “Friendly, unpretentious and prepared to work hard to achieve results.”
  • Chambers UK 2017
    “[He is] ‘a very astute and thoughtful tactician’ with sources commending his ability to ‘identify the real issues and consequences of problems and devise the appropriate strategy.”
  • Chambers UK 2018
    “[Stephen is]…very bright, very clever and works incredibly well with clients, counsel and legal experts”
  • Chambers UK 2019
    “He is very loyal to his clients, very tenacious and absolutely dedicated.”
  • Chambers UK 2020
    “[Stephen Hooper] asks the right questions and takes a systematic approach.”
  • Legal 500 2017
    “Stephen is described as] an ‘imaginative’ associate with a ‘refreshing approach to legal problems.”
  • Legal 500 2020
    “Stephen Hooper is thoughtful, hardworking, and approachable.”
  • Chambers UK 2013
    “Huge commitment and passion for the job without being unrealistic about what can be achieved... [He is] entirely straightforward, and he fights very hard for his client. He’s the ideal solicitor.”
  • Chambers UK 2017
    “The highly experienced Surjit Dubb receives praise for his proficiency in "managing the case and the anxiety of the doctor."”
  • Chambers UK 2018
    “He has an excellent manner with clients. He’s very realistic and very down-to-earth.”
  • Chambers UK 2019
    “He’s a very thoughtful solicitor who thinks strategically and tactically.”
  • Legal 500 2018
    “Has unmatched client care and attention to detail.”
  • Legal 500 2020
    “Surjit is a cool, calm strategist who inspires confidence in his clients and fear in his opponents.”
  • Legal 500 2017
    “Excellent at health care”
  • Legal 500 2019
    “Calm and industrious, and able to distill a large amount of material down to the central points that matter.”
  • Chambers UK 2017
    “Tania Francis skilfully sorted out a settlement, bringing a huge amount of acumen to the case. ”
  • Chambers UK 2019
    “She's fantastically diligent, extremely hard-working and very tough in not letting her clients be pushed around.”
  • Legal 500 2016
    “Tania Francis is very able, highly intelligent and very supportive.”
  • Legal 500 2017
    “Sharp, thorough, expert in Professional Discipline”
  • Legal 500 2019
    “Commits herself to clients' cases, while her previous professional experience as a doctor gives her particular insight into which points are worth pursuing.”
    ”