<!-- wp:paragraph --> <p>The next webinar in our ‘Law with Lunch’ series of bitesize, lunchtime talks covering legal issues of the moment is not to be missed.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Tuesday 10th February 2026 | 12:30 – 13:30</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Expert evidence is often central to the findings and direction of an inquest. In this focused lunchtime session, Bronia Hartley will explore best practice in obtaining, presenting and challenging expert opinion. The seminar will cover common pitfalls, effective preparation, and practical guidance for ensuring expert evidence is used to its fullest potential.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Register via Teams here: <a href="https://events.teams.microsoft.com/event/d49fbdc2-2e3c-4f4b-9ee0-643a6cb72da8@74f7d406-fa82-40a5-b607-8370c07b24d6" target="_blank" rel="noreferrer noopener">Inquest Law with Lunch | Meeting-Join | Microsoft Teams</a></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>Leila Benyounes represented the Family of Luke Abrahams in an inquest at Northampton Coroners Court.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Luke, a much loved son and brother and an amateur footballer, developed a sore throat on 15 January 2023. He was diagnosed with tonsilitis by a nurse practitioner, the first of multiple healthcare professionals that he saw over the week before his death, and prescribed antibiotics. Luke developed severe leg pain and became immobile and was diagnosed with sciatica by an out of hours GP. Due to increasing pain and a temperature on 20 January 2023 three days before his death, Luke’s family contacted 999 for an ambulance and the attending paramedic crew assessed Luke before discharging him instead of transferring him to hospital. Following further 999 calls on 22 January 2023, Luke was taken to hospital by ambulance where he underwent emergency surgical debridement due to necrotising fasciitis and a left leg amputation. Sadly, at that stage Luke was in septic shock, and he suffered a cardiac arrest following surgery, from which he could not be resuscitated. Luke died on 23 January 2023 at Northampton General Hospital.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>After a post-mortem examination, Luke’s death was initially recorded as natural causes. Following submissions to the Coroner on behalf of Luke’s Family, an inquest was opened, and two pre-inquest review hearings took place. In a four day inquest which concluded on 23 January 2026, the third anniversary of Luke’s death, Assistant Coroner Sophie Lomas gave a narrative conclusion finding that Luke died due to a rare condition called Lemierre Syndrome which presented as a sore throat and over the course of a week progressed to a septic emboli which travelled through his blood stream and developed into necrotising fasciitis. At the point of diagnosis, Luke was in septic shock, underwent emergency surgery but died following a cardiac arret due to septic shock.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>At the first ambulance attendance, Luke had severe pain in his leg, had been immobile for four days, had a recorded pain score of nine out of ten, and an elevated temperature and elevated blood glucose reading.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The ambulance service admitted at the inquest that Luke should have been transferred to hospital on 20 January 2023 and the Crew did not adhere to Trust guidelines and policies. The Coroner accepted the Family’s submission that this constituted a gross failure to provide basic medical care by the ambulance service.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Evidence confirmed that the crucial period of time for debridement surgery for necrotising fasciitis was 24 hours earlier to improve survival rate, and therefore in Luke’s case there was at least a 48 hour period of opportunity for earlier intervention had the first ambulance transported Luke to hospital. The Coroner found that it is likely at that time that Luke’s blood results would have been abnormal prompting further investigations, he would have undergone earlier surgery, and on the available evidence it is possible that Luke would have survived.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The Coroner issued a Regulation 28 Prevention of Future Deaths Report as the NHS guidance described Necrotising Fasciitis as a rare and life threatening infection if a wound gets infected, and the evidence at Luke’s inquest indicated that the information in the NHS guidance is inaccurate.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Ms Benyounes was instructed by Elizabeth Maliakal at Hudgell Solicitors.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Links to press articles:</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><a href="https://www.bbc.co.uk/news/articles/c4g04e96eyxo">https://www.bbc.co.uk/news/articles/c4g04e96eyxo</a></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><a href="https://www.bbc.co.uk/news/articles/c4gl42dydypo">https://www.bbc.co.uk/news/articles/c4gl42dydypo</a></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><a href="https://www.itv.com/news/anglia/2026-01-23/missed-opportunity-to-help-man-who-died-from-flesh-eating-disease-says-coroner">https://www.itv.com/news/anglia/2026-01-23/missed-opportunity-to-help-man-who-died-from-flesh-eating-disease-says-coroner</a></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><a href="https://www.telegraph.co.uk/news/2026/01/21/patient-died-flesh-eating-disease-mistaken-tonsillitis">https://www.telegraph.co.uk/news/2026/01/21/patient-died-flesh-eating-disease-mistaken-tonsillitis</a></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><em>Leila Benyounes is Head of the Inquests Team at Parklane Plowden Chambers and is ranked by Legal 500 and Chambers and Partners for Inquests and Inquiries and Clinical Negligence. Leila is appointed as an Assistant Coroner in two coronial areas and Leila regularly represents interested persons in a wide range of inquests including Article 2 jury inquests and complex medical matters. She has a special interest in obstetric, birth injury and fatal cases providing representation at inquest and in clinical negligence claims. She has been appointed to the Attorney General Regional Civil Panel Band A since 2010. Her full profile can be accessed </em><a href="https://www.parklaneplowden.co.uk/barristers/leila-benyounes"><em>here</em></a>.</p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>On <strong>27 October 2023</strong>, 29‑year‑old runner <strong>John Henry Oates</strong> tragically lost his life after coming into contact with a <strong>low‑hanging live electricity cable</strong> while out training for a half‑marathon on a public footpath near Lupton, close to Kendal in Cumbria. He had been visiting his parents at the time, and was reported missing when he did not return from his run. </p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Richard Copnall represented the family of John Henry Oates, also known as Harry in an inquest which concluded on Tuesday 16 December 2025 with Senior Coroner for Cumbria, Kirsty Gomersal returning a narrative conclusion, capturing the complexity of the mechanical and procedural factors that contributed to the fatal incident. The Coroner’s findings also underline the importance of robust monitoring and reporting mechanisms within energy infrastructure networks to prevent similar tragedies.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><br>Read more:<br><a href="https://www.bbc.co.uk/news/articles/c70lk5w70glo">Cumbria coroner calls for action after runner Harry Oates electrocuted - BBC News</a></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong><a href="https://www.isonharrison.co.uk/blog/coroner-to-send-prevention-of-future-deaths-report-to-energy-networks-association-following-son-and-brothers-death/">Coroner to Send Prevention of Future Deaths Report to Energy Networks Association Following Son and Brother’s Death - Ison Harrison Solicitors</a></strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><a href="https://www.itv.com/news/border/2025-12-16/inquest-finds-runner-was-electrocuted-in-rare-and-complex-sequence-of-events">Inquest finds runner was electrocuted in 'rare and complex sequence of events' | ITV News Border</a></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><a href="https://www.itv.com/news/border/2025-12-17/family-of-runner-killed-by-electricity-cable-make-statement">'Our pain and grief are immeasurable': Family of runner killed by electricity cable make statement | ITV News Border</a></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><a href="https://www.bbc.co.uk/news/articles/cx239xv8d3eo#:~:text='Rare%20and%20complex',conductor%20and%20was%20killed%20instantly">Man electrocuted by cable during run near Kirkby Lonsdale - BBC News</a></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Richard was instructed by Director and Head of Inquests at Ison Harrison, Gareth Naylor.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>Parklane Plowden's Leila Benyounes will be speaking at the Irwin Mitchell Bereavement Conference on the 4th December 2025.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Leila's topic will be Navigating the Coroner’s Court - A Practical Guide, discussing:</p> <!-- /wp:paragraph --><!-- wp:list --> <ul class="wp-block-list"><!-- wp:list-item --> <li>Practical guidance on preparing for and attending Coroner’s Court</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Documentation, giving evidence and working with legal teams</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Managing emotional impact and supporting colleagues</li> <!-- /wp:list-item --></ul> <!-- /wp:list --><!-- wp:paragraph --> <p><a href="https://events.irwinmitchell.com/bereavementconf2025">Further details can be found here</a>.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><em>Leila Benyounes is Head of the Inquests Team&nbsp;at Parklane Plowden Chambers and&nbsp;is ranked by Legal 500 and Chambers and Partners for Inquests and Inquiries and Clinical Negligence. Leila is appointed as an Assistant Coroner in two coronial areas and Leila regularly represents interested persons in a wide range of inquests including Article 2 jury inquests and complex medical matters. She has a special interest in obstetric, birth injury and fatal cases, providing representation at inquests and in clinical negligence claims. She has been appointed to the Attorney General Regional Civil Panel Band A since 2010. Her full profile can be accessed <u><a href="https://www.parklaneplowden.co.uk/barristers/leila-benyounes">here</a></u></em>.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p><a href="https://www.parklaneplowden.co.uk/our-barristers/karen-boyle/">Karen Boyle</a> represented the maternal family of Mia Maisie Lucas in an Article 2 inquest at Sheffield Coroner's Court presided over by the Senior Coroner for Sheffield, Ms Tanyka Rawden, sitting with a jury.  </p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Mia, who was a treasured and much-loved daughter, was admitted to QMC Hospital in Nottingham on 31 December 2023 following increased concerns for her welfare by her family.&nbsp; She had been displaying unusual behaviours and struggling with her mental health in the preceding 2.5 months which were heightened after a viral infection in December 2023.&nbsp; Organic causes of her behaviour were allegedly ruled out, and Mia was transferred to the Becton Centre at Sheffield Children's Hospital on 9 January 2024 for further care and investigation of her psychosis.&nbsp; Mia was found unresponsive in her bedroom at the Becton Centre on 29 January 2024 whilst she was detained under the Mental Health Act.&nbsp;&nbsp;</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>During a nine-day inquest eighteen live witnesses gave evidence,&nbsp; during which evidence from an independent Paediatric Neurologist was heard.&nbsp; Professor Marta Cohen, Pathologist, gave evidence changing, and updating her opinion, as to the medical cause of death, during the inquest.&nbsp; New tests results proving NMDA receptors and killer T cells were positive within samples taken from Mia post-mortem.&nbsp;&nbsp;</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The jury delivered a narrative conclusion finding that there were failings in the care of Mia.&nbsp; The jury found that the failure to undertake a lumbar puncture meant that potential indicators of autoimmune encephalitis were missed and this possibly contributed to Mia's death.&nbsp; In addition, the information given to the Becton Centre lacked sufficient detail concerning the completeness of physical tests, providing an inappropriate level of assurance that organic causes had been ruled out.&nbsp;&nbsp;</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Whilst at the Becton Centre the jury found that there were four ligature incidents and insufficiently robust communication and management of risk led to a failure to respond adequately to Mia's risk of self-harm.&nbsp; The jury found a more robust approach to communication and risk could have led to greater awareness and more checks being undertaken.&nbsp;</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>HM Senior Coroner indicated her intention to write a Prevention of Future Death report addressed to the Secretary of State for Health, the Royal College of Paediatricians and Royal College of Psychiatrists in respect of the lack of national guidelines for the diagnosis and management of those with suspected auto immune encephalitis, concerning the risk of future deaths.&nbsp;</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Further information can be found using the following links: <a href="https://www.bbc.co.uk/news/articles/c058ppym6m2o">BBC News</a> - <a href="https://news.sky.com/story/girl-12-who-died-after-being-found-unresponsive-at-psychiatric-unit-failed-on-multiple-levels-inquest-finds-13475811">Sky News</a> - <a href="https://www.hudgellsolicitors.co.uk/client-stories/mother-of-mia-lucas-devasted-after-health-services-failed-my-beautiful-daughter">Hudgells Solicitors News</a> <br></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Ms Boyle was instructed by <a href="https://www.hudgellsolicitors.co.uk/our-people/amy-rossal">Amy Rossall</a> of <a href="https://www.hudgellsolicitors.co.uk/">Hudgell Solicitors</a>.  </p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>On 7 November 2025, the preliminary hearing of the Statutory Public Inquiry concerning the Nottingham attacks took place.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>On 13 June 2023 Valdo Calocane, who suffered from paranoid schizophrenia and had had previous interactions with health services and the police, killed three people and seriously injured three other people in Nottingham City Centre.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Leila Benyounes and Colin Mendoza, led by Sophie Cartwright KC, represent the surviving victims and their partners, Wayne Birkett and Tracey Hodgson, and Sharon Miller and Martin Reed, instructed by <a href="https://rotherabray.co.uk/team/greg-almond/">Greg Almond</a> at <a href="https://rotherabray.co.uk/">Rothera Bray Solicitors</a> in Nottingham. The surviving victims, who have been granted Core Participant status in the Inquiry, have severe life-changing injuries as a result of the attacks.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The Inquiry, chaired by Her Honour Deborah Taylor, will comprehensively examine and evaluate the multi-agency actions taken and decisions made in the care and treatment to Valdo Calocane prior to 13 June 2023, the events of that day, and the investigations undertaken thereafter. It will consider lessons to be learned and what can be done to prevent similar attacks in the future. Hearings will commence in February 2026 from a dedicated hearing centre.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>At the preliminary hearing on 7 November 2025, Leila Benyounes successfully made oral submissions on behalf of the surviving victims and their partners, inviting the Chair to permit streaming of evidence via YouTube with a delay.&nbsp;</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Allowing the streaming of evidence in this way is intended to allow accessibility of the Inquiry to the wider public, and particularly to the people of Nottingham, where there is a particular importance due to the examination of management by core state agencies in the city.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Read more about the Inquiry on the Inquiry website here: <a href="https://nottingham.independent-inquiry.uk">https://nottingham.independent-inquiry.uk</a>, and from the surviving victims here: &nbsp;<a href="https://www.bbc.co.uk/news/articles/czjnj92dznvo">https://www.bbc.co.uk/news/articles/czjnj92dznvo</a>.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><em>Leila Benyounes is Head of the Inquests Team&nbsp;at Parklane Plowden Chambers and&nbsp;is ranked by Legal 500 and Chambers and Partners for Inquests and Inquiries and Clinical Negligence. Leila is appointed as an Assistant Coroner in two coronial areas and Leila regularly represents interested persons in a wide range of inquests including Article 2 jury inquests and complex medical matters. She has a special interest in obstetric, birth injury and fatal cases providing representation at inquest and in clinical negligence claims. She has been appointed to the Attorney General Regional Civil Panel Band A since 2010. Her full profile can be accessed&nbsp;</em><a href="https://www.parklaneplowden.co.uk/barristers/leila-benyounes"><em>here</em></a>.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>Parklane Plowden Chambers has been ranked as a Band 1 set across five practice areas and a Band 2 set across one further area in the Chambers and Partners 2026 rankings.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Chambers has been ranked as Band 1, the highest ranking a Chambers can achieve, across the Chancery; Clinical Negligence; Employment; Family: Children and Personal Injury practice areas.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Additionally, the set has been ranked as Tier 2 for Inquests &amp; Public Inquiries.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The individual barrister members received 70 rankings in this year’s edition across:</p> <!-- /wp:paragraph --><!-- wp:list --> <ul class="wp-block-list"><!-- wp:list-item --> <li>Chancery</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Clinical Negligence</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Commercial Dispute Resolution</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Court of Protection: Health and Welfare</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Employment</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Family: Children </li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Family: Matrimonial Finance </li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Inquests &amp; Public Inquiries</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Personal Injury</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Personal Injury: Industrial Disease</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Professional Negligence </li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Real Estate Litigation</li> <!-- /wp:list-item --></ul> <!-- /wp:list --><!-- wp:paragraph --> <p>In addition, <a href="https://www.parklaneplowden.co.uk/our-barristers/andrew-axon/">Andrew Axon</a> has been elevated from Band 1 to 'Star Individual' status for Personal Injury, having once again retained the higher accolade in Clinical Negligence.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><a href="https://www.parklaneplowden.co.uk/our-barristers/andrew-sugarman/">Andrew Sugarman</a> has also been elevated from Band 1 to receive his first appearance as a 'Star Individual' in Employment.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>This year's Parklane Plowden rankings can be viewed on the Chambers &amp; Partners website <a href="https://chambers.com/law-firm/parklane-plowden-uk-bar-14:10330">here</a>.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>This article summarises the decision in <a href="https://www.bailii.org/ew/cases/EWHC/Admin/2025/1901.html">R (Ferguson) v HM Assistant Coroner for Sefton, Knowlsey and St Helens [2025] EWHC 1901 (Admin)</a>. Mr Ferguson’s brother, Joseph Farley, died after jumping from the fourteenth floor of a car park, shortly after speaking with police who attended via emergency response to check on him following concerns from a member of the public. Mr Ferguson challenged the Coroner’s decisions that (i) the enhanced investigative duty under Article 2 of the European Convention on Human Rights was not engaged; and (ii) the inquest would be heard without a jury because section 7(2)(b) of the Coroners and Justice Act 2009 ("the CJA") did not apply. This article will not recite the entire facts of the case but will provide a short summary on some of the key points from Mrs Justice Hill’s decision.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong>Article 2 – the duties</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The duties imposed on the state by Article 2 include both a positive duty to protect life and a separate investigative duty to inquire into and explain the circumstances of a death. The former positive duty contains two aspects; the positive operational duty and the framework duty (often referred to as the systems duty). Within the investigative duty, the enhanced investigative duty (in other words when there should be an Article 2 inquest) applies when there is a sufficiently arguable breach by the state of one of its substantive obligations (the positive duty). The inquest should answer the question “in what circumstances the deceased came by his or her death” in order to comply with the duty.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong>What needs to be “arguable”?</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The first issue in <em>Ferguson</em> was about whether there is a positive operational duty and what the threshold is for answering that question. It was agreed between parties that the threshold for whether there is any breach of the duty was a low arguability threshold. The Chief Constable’s position was that there is a high threshold to establishing the <em>existence</em> of the positive duty (before the low threshold of arguable breach of said duty is considered). Mrs Justice Hill held that the Claimant was right to contend that it was a low threshold. At §128: “I observe that the rationale for the low arguability threshold described in <em>Morahan </em>at [75] and [102], namely the concern to avoid the risk of a Coroner determining what the outcome of any inquest might be without the full evidential picture, applies with equal force to the duty issue and the breach issue, when either is considered before the evidence has been heard. This explains why the threshold is the same for both the duty issue and the breach issue.”. The question is therefore whether an <em>arguable</em> duty has been <em>arguably</em> breached.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Mrs Justice Hill found in the affirmative on both questions in the material case: there was an arguable duty, and it had been arguably breached. The discussion of the issues within the judgment is a clear analysis of the features relevant to the decision (both for- and against-) and is worthwhile reading for those who are considering these issues in their own cases.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>A notable part of the discussion is the question about whether the State had arguably assumed responsibility for Mr Farley when the police attended upon him. Mrs Justice Hill considered there was force in the Claimant’s argument that reference to common law cases is appropriate when considering assumption of responsibility [§175 onwards]. Hill J considered precedent in tort law including circumstances where emergency services can assume responsibility for a person’s care where they give an assurance on which that person relies. The Judge also confirmed that consideration must be given to what the officers should have done, in addition to what they did do. Overall, it was arguable that the State had assumed responsibility for Mr Farley and there was an arguable breach of duty. In relation to the latter, Mr Farley’s vulnerability was a relevant factor and death by suicide is “by definition, an "exceptional" rather than "ordinary" risk”.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong>When is a jury mandatory?</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>An inquest must be held with a jury for a number of reasons, but particularly relevant to this case is if the Coroner has reason to suspect that the death resulted from an act or omission of a police officer. The Coroner declined to empanel a mandatory jury because he said, “The phrase: "act or omission" should be interpreted as there being a requirement for some form of inappropriate act.”. Mrs Justice Hill was not aware of any authority “supporting the placing of such a gloss on the statutory wording”.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Hill J also considered the phrase “reason to suspect” and confirmed this also has a low threshold. Her earlier conclusions on the substantive Article 2 grounds led to the conclusion that “the totality of the evidence met the low, objective threshold of "reason to suspect" Mr Farley's death resulted from the acts and omissions of the officers who attended the scene”. The only “rational conclusion” on the facts was that the reason to suspect test was met. A jury ought to be empanelled.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong>Comment</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>We all turn to articles and commentary hoping for an ‘easy read’ or the key points to be distilled in a simple fashion. However, I regret to inform my readers that my comment to you all is that there is no substitute for reading the judgment of Mrs Justice Hill. It is a comprehensive and well written judgment which I cannot emulate in a short article. All I can hope to do is bring the case to your attention and remind you that when considering if an inquest is an “Article 2” inquest, a review of this judgment is worthwhile. The judgment explains the different Article 2 duties using a composite of the relevant authorities; and further, it demonstrates the type of analysis that Coroner’s ought to be carrying out when considering whether the enhanced investigative duties applies.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>It's also worth noting that Mrs Justice Hill “respectfully question[ed] the wisdom of the Coroner” (!) in determining the Article 2 and jury issue on the basis of written submissions alone, without oral submissions. Practitioners should be aware of §101 and the strong guidance that these issues should be dealt with at an oral hearing with prior notice in an agenda.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>In short, the question is whether there is an arguable duty that has been arguably breached. The factors for or against will be fact specific but analogy can be drawn from previous case law, including common law negligence cases.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><em>Megan Crowther is part of the Inquests Team at Parklane Plowden. Megan's profile can be accessed&nbsp;<a href="https://www.parklaneplowden.co.uk/our-barristers/megan-crowther/">here</a>.</em></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph -->

<!-- wp:html --> <iframe width="560" height="315" src="https://www.youtube.com/embed/NKblx3whSQ4" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen=""></iframe> <!-- /wp:html --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>PLP's Abigail Telford and Sophie Watson hosted a Inquest Law with Lunch event on the 10th September 2025. They discuss ‘Unlawful Killing and Neglect’, a subject they recently explored at our Inquest Grandstand in July.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>The <a href="https://www.boa.ac.uk/boa-annual-congress-2025.html">BOA Annual Congress</a> is taking place from 16 September in Liverpool under the theme of ‘Preventing Harm and Saving Lives’. </p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Leila is on the faculty for the Law for Orthopaedic Surgeons: Avoiding Jeopardy course, and will speak at a session on Coronial Law and Evidence at the Coroner’s Court followed by running a Mock Inquest for delegates.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><em>Leila Benyounes is Head of the Inquests Team at Parklane Plowden Chambers and is ranked by Legal 500 and Chambers and Partners for Inquests and Inquiries and Clinical Negligence. Leila is appointed as an Assistant Coroner in two coronial areas and Leila regularly represents interested persons in a wide range of inquests including Article 2 jury inquests and complex medical matters. She has a special interest in obstetric, birth injury and fatal cases providing representation at inquest and in clinical negligence claims. She has been appointed to the Attorney General Regional Civil Panel Band A since 2010. Her full profile can be accessed </em><a href="https://www.parklaneplowden.co.uk/barristers/leila-benyounes"><em>here</em></a>.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p></p> <!-- /wp:paragraph -->