Fact Sheet: Claims Arising From Inquests

• Published date: 06 November 2020
• Subject Matter: Litigation, Mediation & Arbitration, Personal Injury, Professional Negligence
• 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 claim. For example, the coroner may not have had the benefit of expert evidence.

However, it is difficult to challenge an inquest conclusion and criticisms at inquest may make it more difficult to continue to defend the civil claim.

Limitation

1. Claims brought under the Law Reform (Miscellaneous Provisions) Act 1934 and Fatal Accidents Act 1976 must be brought within three years of the date of the deceased's death.

2. Claims brought under the Human Rights Act 1998 must be brought within one year of the alleged breach of the deceased's human rights.

Often, claimants will seek to agree a limitation amnesty in respect of a Human Rights Act claim in line with the timetable for the rest of a civil claim. They may also seek an extension to the limitation period for the entire claim until after the conclusion of the inquest (so that they have the benefit of the inquest evidence when particularising their claim). Depending on the duration of the extension sought, it is usually advisable to agree to this.

Key statutes

Claims may be brought pursuant to:

a. Law Reform (Miscellaneous Provisions) Act 1934 and/or Fatal Accidents Act 1976.

A claim in negligence will need to be established arising from the...