Paul is the National Head of Compliance & Regulatory in the National Firm of Freeths Solicitors. He is acknowledged as a leading national expert in complex criminal investigations and prosecutions and is a recognised lawyer for Health & Safety in the 2025 Edition of “ The Best Lawyers in the United Kingdom”. Paul is also an expert in crisis management having acted for major Clients in aircraft disasters, rail crashes, chemical explosions and other high profile Police and HSE investigations, successfully defending the ensuing prosecution. Most recently, he has represented a number of Clients in the Grenfell Inquiry. Inevitably, he has extended experience in appearing at Inquests having undertaken over 300 Inquests in the last 30 years and his presentation reflects the lessons learned.

TOP TIPS

1. Remote attendance?

 Rules are to be introduced which allow Coroners, witnesses and juries to attend the actual Inquest Hearing remotely. Currently, the Coroner and Jury need to be physically in Court for the hearing with a discretion for witnesses who must convince the Coroner that it is necessary and appropriate in the circumstances before they are allowed to attend remotely. Interestingly, of note is that the Chief Coroner has expressed the view that juries should still be in Court unless exceptional circumstances apply!

2. Whose witness am I? 

You are the Coroner’s Witness and no-one else’s! As a consequence, it is the Coroner who will ask you questions first before any legal representatives including your own. The questions asked are normally based on your statement or Report you have provided to the Coroner’s Officer or the Police acting on behalf of the Coroner. Unlike civil and criminal cases where witnesses are kept outside of Court whilst the proceedings are going on, helpfully, you will be able to sit in Court throughout the Inquest even before you give your evidence. Always dress professionally, perhaps as you would were you attending a job interview. Arrive early!

3. An Inquest is not a trial! 

No-one is on trial but when you walk into the witness box and you swear to tell the truth, the whole truth and nothing but the truth, and you are asked a series of questions about what you did or did not do perhaps twelve or eighteen months ago, you may very well feel that you are on trial ! If you are called to give evidence at an Inquest for the first time, go watch an Inquest and see what happens!

4. Widening the scope of an Inquest

The Court of Appeal in the recent case of O’Brien [2025] has made it absolutely clear that an Inquest remains an inquisitorial and summary process. As this case illustrates, whilst a Coroner may well be under a duty to seek out and record as many facts as the public interest requires, this does not mean that the scope of the Inquest must always be as wide as the parties to the Inquest might, and often do, demand. The evidence relating to the conduct or event must make an actual and material contribution to the death. Often as not, but not surprisingly, the lawyers representing the Family ask questions of the witness and delve into issues which go beyond the scope of the Inquest leaving the Coroner with the real dilemma of allowing the question or the issue to be explored simply out of sympathy ! Whilst the O’Brien case strongly suggest that this would be wrong, be aware that such questioning continues to exist and be ready to object or seek the guidance of the Coroner as to its relevance to the scope of the Inquest! 

5. Assisted dying

The so-called assisted dying bill as presently drafted disapplies the Coroner’s statutory duty to investigate an unnatural or violent death, so assisted deaths will receive less judicial oversight than other unnatural deaths. This is causing a number of MPs and pressure Groups a lot of disquiet particularly where issues of proper consent and/or medical opinion are brought into the mix. Whilst adding to an already overloaded Coronial system with a large backlog of cases, it appears such issues are appropriate for a Coroner to hear evidence on and make a judgement.

6. Can I avoid going to an inquest?

Producing a good statement at the outset to the Coroner’s Officer or the Police acting on behalf of the Coroner is crucial ! Such a statement can avoid you being called to attend an Inquest as a Witness as it can, at least and quite legally, be read out by the Coroner instead of requiring your personal attendance.

Written by Paul Burnley

Please note, the views expressed by the original article author are theirs alone and do not necessarily represent those of Washingtondowling Associates Ltd or The SHE Show and therefore we take no responsibility for the content or accuracy of this post.