The role of the coroner and its implications for the insurance industry

In this IIL casualty webinar, Tina Harrington talks about the history and current role of the coroner and the process of the investigation of death in England and Wales.

The role of the coroner was formally established in 1194, from being a form of medieval tax gatherer to an independent judicial officer charged with the investigation of sudden, violent or unnatural death. The 'treasure trove' jurisdiction still remains as part of their remit. The jurisdiction has adapted over the centuries and is now principally concerned with the determination and accurate recording of the circumstances and medical causes of death that are reported to them. This talk focuses on when a death is reported to the coroner and the legal principles applicable to the jurisdiction. An investigation takes place prior to the inquest which includes an autopsy and information gathering from a variety of sources dependent on the circumstances of the death. Once the investigation process is completed and an inquest is required, the coroner will decide what the scope of such an inquest will be and who will be required to take part in the process. This will include determining as to who the 'Properly Interested Persons' will be (there are no parties) and who will give evidence. A number of different agencies have an interest in the inquest process. Insurers may wish to be actively involved in the process in order to protect their client’s position in a specific inquest. It is only through active participation that insurers can sufficiently inform themselves and in turn their clients as to specific risks and potential outcomes.

The Coronial system adopts an inquisitorial not an adversarial approach. At the conclusion of the inquest, there are a number of different conclusions that the coroner (with or without the jury) may adopt. Importantly there may be findings of neglect. The coroner retains the important statutory power to make a Prevention of Future Death Report. This arises when the coroner is concerned that future deaths will occur and he/she is of the opinion that action should be taken to reduce the risk. The reports are vitally important if society is to learn from deaths and improve public health, welfare and safety.

Learning objectives:

• What is the role of the coroner?
• What is the purpose of an inquest?
• What are the powers of the coroner and the possible outcomes of an inquest?

Chair: Sheila Simison, Legal Adviser, Simison & Co Ltd.

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