The WLR Daily case summaries
[2020] WLR(D) 333
Court of Appeal
Regina (Maguire) v Blackpool and Fylde Senior Coroner
[2020] EWCA Civ 738
2020 Feb 4, 5;
June 10
June 10
Lord Burnett of Maldon CJ, Ryder, Nicola Davies LJJ
Coroner— Inquest— Jury— Vulnerable incapacitous adult living in care home falling ill and dying in hospital— Coroner finding no evidence suggesting death occurring in breach of positive obligation to protect life and limiting jury’s consideration to “how” deceased came to die— Whether operational duty owed to deceased— Whether death occurring in breach of operational duty— Whether giving rise to procedural duty to investigate circumstances of death— Whether jury ought to be permitted to deliver expanded conclusion—
Human Rights Act 1998 (c 42), s 2, Sch 1, Pt 1, art 2
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Coroners and Justice Act 2009 (c 25), s 5