Fact Sheet: Claims Arising From Inquests

• Published date: 06 November 2020
• Law Firm: Hill Dickinson
• Author: Kate Fawell-Comley

Inquests are held in a separate jurisdiction to civil claims and, by statute, coroners (and inquest juries) are prohibited from making findings of negligence. Notwithstanding this, families are increasingly legally represented at inquests and bring civil claims against healthcare providers alongside, or after, the inquest process. We hope this fact sheet will help you to consider some of the key considerations when dealing with claims arising from inquest proceedings.

Admissions of liability pre-inquest

It can be advisable to make an admission of liability in advance of the inquest hearing (even if a claim has not been intimated or particularised).

This should be considered if expert evidence or the findings of a SI or RCA report suggest that there has been breach of duty and/or that death was avoidable.

Making an admission of liability may:

1. Narrow the issues for consideration at an inquest.

2. Ensure your organisation has complied with its statutory duty of candour.

3. Reduce the amount of legal costs in respect of the inquest that are recoverable as part of the civil claim.

Dealing with claims post-inquest

If the coroner or jury return critical findings or a critical conclusion, this does not automatically mean that you will need to compromise a civil...