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16/11/2020
The Supreme Court, by a majority of 3:2, has lowered the standard of proof for unlawful killing conclusions at Inquests from the criminal standard (beyond reasonable doubt) to the civil standard (balance of probabilities).
Although R (on the application of Maughan) (Appellant) v Her Majesty’s Senior Coroner for Oxfordshire (Respondent) [2020] UKSC 46 (a judicial review) principally concerned the standard of proof for a conclusion of suicide, the Supreme Court held that the civil standard should apply to all short form conclusions, including unlawful killing.
This decision has significant implications for inquests concerning workplace deaths: unlawful killing is rarely left to a jury at an inquest by the coroner but in the future this is likely to change.
https://www.supremecourt.uk/cases/docs/uksc-2019-0137-judgment.pdf
Fisher Scoggins Waters are a London based law firm who specialise in construction, manufacturing and engineering matters. If you have recently had a health and safety incident occur in your workplace and require legal advice, please phone us on 0207 993 6960.
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27 November 2019 | Bloomsbury, 50 Bedford Square, London, WC1B 3DP
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