This conference presents a comprehensive guide to the practice and procedures when representing a family at an inquest. You will hear from an excellent programme of speakers, all experienced in their involvement in inquests, who will provide you with case examples to help you to put the theory into practice. You will also learn more about AvMA’s important role in representing families.
Bookings open now.
*For 1 week only we are offering you the chance to purchase 2 delegate places for the price of one for AvMA’s ‘Representing Families at Inquests’ conference. The offer ends at 5pm on Wednesday 25 September 2024. To purchase this deal please contact the conference team today!
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Programme
Day One: Wednesday 2 October 2024
Chair: Lisa O’Dwyer, Director Medico-Legal Services, Action Against Medical Accidents
09.15 Registration & refreshments
09.50 Chair’s Introduction
09.55 AvMA’s Pro-Bono Inquest Service
- Update on AvMA’s evidence to Justice Committee January 2024 re progress to coroner’s service since 2021
- Criteria for people accessing AvMA’s pro bono inquest service
- Terms and conditions of use
- Types of advice and representation
Lisa O’Dwyer, Director Medico-Legal Service, Action Against Medical Accidents
10:45 The Pathologists Role In Inquests
- Coroner’s post mortems
- The small window of opportunity that exists for families to have their own PM at their own cost
- Who decides whether a toxicology report is necessary and how can this be done once there is a death
- Other common problems from pathologists
Dr Emyr W Benbow BSc MB ChB FRCPath, Senior Lecturer in Medical Education, Co-Chair of Fitness to Practice Committee, Consultant Pathologist, Manchester Royal Infirmary
11:25 Refreshments
11:40 Preparation for Inquest & Preparing for the Pre-Inquest Review
- Client care and managing the family’s expectations
- Taking the family’s evidence: What did the family witness? What were they expecting to happen? What are their concerns? Drafting the statements and giving evidence.
- Looking at funding options
- The post-mortem: Challenging the post-mortem; second post-mortem; secondary examination of tissue samples
- What to do when the coroner doesn’t open an inquest. How practitioners might challenge the coroner’s decision to discontinue the investigation where cause of death “becomes clear before inquest”, as per Part 2, chapter 4, clause 37 Judicial Review and Courts Bill/Act
- Things to consider in the Pre-Inquest Review:
– Scope of inquest
– Requesting witnesses
- PIR Advocacy tips for the solicitor practitioner: Being prepared and managing the PIR; How to approach the coroner; Knowing what to ask for at the PIR; Essential case law – things you should know
Sara Sutherland, Barrister, Exchange Chambers; & Anna Mills Morgan, Director, McKenzie Jones Solicitors
12:55 Lunch
13:40 Disclosure and Expert Evidence
- Obligations to disclose and management by coroners. How to be vigilant about this, especially as the inquest can be discontinued where cause of death becomes clear before inquest (Part 2, chapter 4, clause 37, Judicial Review and Courts Bill/Act
- Typical documents to consider on disclosure:
– Medical records – what records can be asked for and which ones are required: Complaints documentation
– Other reports to consider
– Mortality and Morbidity Meetings (M&M meetings)
– Use of hospital policies and guidelines
– Duty of candour letters
- Patient Safety Incident Review Framework (PSIRF)
- When should a coroner appoint an independent medical expert? The art of persuasion and when to ask for a court-appointed expert
- Instructing the expert: Considerations for the coroner’s court, not civil claim. Timing of the report. How to manage your expert evidence: Issues for consideration when disclosing expert evidence
- How to deal with causation when there is no clear cause of death
Leila Benyounes, Barrister, Parklane Plowden
14:55 Refreshments
David Illingworth, Pupil Barrister, Exchange Chambers
16:00 Funding Session:
Recovering Inquest Costs in Civil Claims for Damages
- Funding
- General Principles
- Late Admissions
- Case Law
- Practical Application
Ben Petrecz, Costs Lawyer, Advocate & Senior Costs Consultant, Partners in Costs
Inequality
- How do the current funding options achieve equality of arms
- Are they sufficient to ensure that families receive an equal level of representation at the Inquest?
- If not, what could be done to ensure that families receive an equal service?
Julie-Anne Luck, Barrister, Nine St John Street
16.55 Chair’s Day One Closing Remarks
Day Two: Thursday 3 October 2024
Chair: Chris Barnes KC, Barrister, Exchange Chambers
09:00 Registration & refreshments
09:15 Chair’s Introduction
- How to argue Article 2 is engaged with reference to recent decisions, especially Court of Appeal decision in R (Maguire) v HM Senior Coroner Blackpool, Fylde; Parkinson v Kent Senior Coroner (2018)
- Benefits of an Article 2 inquest: Coroner’s narrative conclusions and language used
- Public body requirement Article 2: private hospitals – can an Article 2 investigation extend to a private organisation where care was funded by NHS?
- What the future might look like with new Bill of Rights – potential ramifications on Inquests
- Alternatives to Article 2
Louis Browne KC, Barrister, Exchange Chambers
10:05 Parallel Investigations and Learning from Inquests
- Referral of cases to third party agencies – when might this happen and what impact might this have on an inquest?
- When might investigatory bodies eg CQC be made properly interested persons in an inquest?
- Action plans; effective engagement with this process
- Regulation 28 / Prevention of future death reports (PFD) – making the most of this process in court and post-inquest
Amy Rollings, Barrister, Nine St John Street
10:50 Refreshments
11:05 “The Preventable Deaths Tracker tool”
- Coronial data
- Learning lessons following inquests
Dr Georgia Richards DPhil (Oxon) BSc (Hons I), Research Fellow, Kings College London
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October 2, 2024 - October 3, 2024
9:00 am - 11:25 am