R. (Obo of Longfield Care Homes Ltd) v HM Coroner
Blackburn Decided 14 October 2004
Summary: Fatal accident, Dependency claims; loss of financial dependency, Fatal Accident Act, Personal Injury claims, Coroners Act, Inquest, verdict, fatal accident solicitors, personal injury.
The claimant solicitors in this tragic fatal accident case were concerned with a Care Home that had applied for judicial review of the conduct of the coroner following the verdict of an inquest in which the deceased, a resident of the care home, had died when she climbed through an unlocked window. In the opinion of a doctor following a post mortem, the cause of death was from pneumonia not as a direct result of the accident. At the inquest, the coroner verdict was accidental death to which neglect contributed. On appeal, as the word “neglect” was in law a term of art, the direction of the coroner to the jury did not meet the requisite standard so that the inquisition was quashed by the higher court.
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Posted: July 23, 2008 at 9:14 am