header-logo header-logo

17 November 2023 / Tim Suter , Sophie Cartwright KC
Issue: 8049 / Categories: Features , Procedure & practice , Coronial law
printer mail-detail

Vulnerability & inquests: what is the best practice?

146623
Tim Suter & Sophie Cartwright KC look at the measures available to support vulnerable witnesses
  • The coronial jurisdiction should consider with care best practice from the civil, family and criminal jurisdiction when it comes to their treatment of vulnerable witnesses and parties.

In February 2020, the Civil Justice Council produced its report ‘Vulnerable witnesses and parties within civil proceedings—current position and recommendations for change’. Extending to 155 pages, the report provided a detailed survey of the existing practices and measures intended to facilitate access to the justice system and offered detailed recommendations for their enhancement.

The report stated that ‘Access to justice, just procedures and fair hearings are essential elements of our justice system. To ensure the system works properly such elements need to cater for parties and witnesses, who by reason of mental or physical disability/disorder, impairment of intellectual or social functioning, fear or distress, or other reason, are vulnerable such that their ability to participate in proceedings, or to give their best evidence, may be impaired’.

These recommendations were taken up

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll