Divisional Court grants novel remedy in s. 13 Coroners Act 1988 application

Alex Ustych represented the successful claimant, HM Senior Coroner for Northumberland, in a  s.13 Coroners Act 1988 application arising from the inquest into the death of Michael Paul Hargreaves. An Assistant Coroner in his findings of fact (in Box 3 of the Record of Inquest) recorded that Mr. Hargreaves, following the death of his wife, “expressed an intention to take his own life to family and professionals”, recording a conclusion of ‘suicide’ in Box 4. However, there was no evidence before the Assistant Coroner that Mr. Hargreaves made any such disclosure to family members. The inaccuracy in the Record of Inquest understandably caused anguish to Mr. Hargreaves’ family, prompting the Senior Coroner to obtain a fiat from the Solicitor General and then make a Part 8 claim pursuant to s. 13.

The remedy normally sought in such applications is for the entire Record/inquest to be quashed and for a fresh inquest to be ordered—even if the error on the Record is one capable of straightforward remedy by quashing certain findings only. However, ordering a fresh inquest has the disadvantages of delaying the process, as well as potentially adding to the cost and stress for those involved. In this case, the claimant instead relied on the principle in Shipsey v Senior Coroner Worcestershire [2025] EWHC 605 (Admin) that the Divisional Court has the power to ‘red-line’ certain words in a Record of Inquest without ordering a fresh inquest, as long as this exercise does not make the Record misleading or incomplete.

The Divisional Court (Whipple LJ and Mr Justice Hilliard) in the present case agreed that the Shipsey alternative remedy was appropriate, and striking through the words ‘and family’ in Box 3 was the simplest and most effective remedy which achieves the outcome sought by all parties.   This is one of the first, if not the first, exercise of the Shipsey power and—in some cases—will provide a pragmatic short-cut in rectifying an error in the Record of Inquest.

Alex was instructed by Natasha Davis at Broadfield.

Alex frequently represents Senior Coroners, in s. 13 applications, and is ranked for Inquests/Inquiries in Chambers and Partners as well as Legal 500.  More information about the Shipsey remedy (and its limitations) can be found in Alex’s article Time to refurbish the Victorian power to quash an inquest conclusion?, in issue 8 of Insight, our Inquests and Public Inquiries publication.