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17 June 2020 / David Regan
Issue: 7891 / Categories: Opinion , Coronial law , Covid-19
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Coroners, coronavirus & controversy

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The investigation of many individual COVID-19 deaths is likely to give rise to significant controversy, says David Regan

With news that civil actions against the Department for Health and Social Care have already been commenced arising from its management of the response to the coronavirus, the investigation of many individual COVID-19 deaths is likely to give rise to significant controversy. A large proportion of the work in England and Wales falls upon the Coroners’ Service, which has been ably assisted by clear, well-reasoned and helpful guidance provided by the chief coroner.However, identifying which COVID 19 deaths are unnatural—and thus require coronial investigation and inquest—is not straightforward. It is likely to give rise to a number of challenges.

Deaths caused by exposure in work give rise to the greatest difficulty. Clinicians and care workers have already died of the disease. When deciding whether or not she has a duty to investigate, a coroner must do so if she has reason to suspect that the death was contributed to by some human error. But in many cases this will be difficult to judge

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Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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