Analysis
On 6 June 2017, Ms Leeson died in Denmark. Her husband, the defendant, was prosecuted and ultimately acquitted of her murder. After such acquittal, civil proceedings were issued alleging inter alia that the defendant unlawfully killed Ms Leeson and the inquest proceedings resumed. In the civil proceedings, the parties were ordered to and did produce a schedule of agreed facts. Such schedule was based on the disclosure in the civil proceedings, including third-party disclosure from the police. The claimants’ solicitors acting in the inquest proceedings asked for permission that such schedule could be referred to the coroner from the case management stage, with the inquest due to be heard after the civil proceedings. The claimants submitted that the schedule could be referred to under CPR 31.22(1)(a) or that permission should be given under CPR 31.22(1)(b). The defendant objected.
Held:
The schedule could not be referred to without permission under CPR 31.22(1)(a). The schedule made reference to disclosed documents rather than being a disclosed document itself and so the referenced documents were the documents referred to by CPR 31.22(1)(a). The schedule had only been included in the bundle and referenced once in the skeleton argument used for a hearing about the defendant’s previous convictions. The other documents referred to in the schedule had not been read to or read by the court.
Permission should be given to refer the schedule to the coroner under CPR 31.22(1)(b) without prejudice to its evidential status in the inquest because:
- the same issues arose in the civil proceedings and in the inquest;
- there was a proper purpose to the use because there was a clear public interest in the inquest;
- the schedule would assist the coroner in case management of the inquest and in understanding the judgment of the civil proceedings, once given;
- many of the documents referred to in the schedule had already been disclosed to the coroner;
- it was highly likely that CPR 31.22(1)(a) would apply after the trial in the civil proceedings, given that the schedule contained admissions which the defendant was unlikely to be able to resile from even if he was seeking to do so;
- reference would not cause significant prejudice to the defendant in that it was to be used for case management only and, by the time the inquest would consider substantive questions, the judgment in the civil proceedings would be available;
- the defendant could challenge the evidential status of the schedule in the inquest; and
- the schedule was not contentious.
Continue reading "Leeson & anr v McPherson [2024] WTLR 197"