Page 87 - When Things Go Wrong

representation is invariably essential. 239 In a compelling passage, Dame Elish
Angiolini addressed the issue in respect of death in custody inquests:

It is manifestly nonsense to assume that a grieving family could undertake
the process of sifting through many hundreds of pages or volumes of
evidence in order to formulate pertinent questions, and indeed, face
hostile questioning without support. This is not a reflection on their
intellect but on the impact of grief, anxiety and the sheer volume and
complexity of absorbing material while suffering. 240

5.18 Inquests into contested deaths involve complex legal issues, including scope;
the application of Article 2 ECHR; public interest immunity; anonymity; and
disclosure. State and corporate interested persons are typically able to deploy
ranks of solicitors, junior barristers and QCs to advise and advocate on these
issues. 241 In this context, to claim that families’ effective participation can be
guaranteed by the coroner and the “inquisitorial” nature of the process is to
ignore the reality.

5.19 Further, evidence from our consultees suggested that the extensive financial
disclosure necessitated by the means assessment is an intrusive and demeaning

239 See submissions made by the CTI to the London Bridge Inquests (26 June 2019), pp. 165-6: “…in
our respectful submission, the part played by [counsel for the families] and their instructing solicitors
has been of great assistance in exploring the issues and allowing the Inquests to be as rigorous as they
have been”. In response, the Chief Coroner “entirely endorsed” the CTI’s observations.
240 Angiolini, supra note 15, para 16.60.
241 For example, in the London Bridge inquests, legal representation for public authorities comprised:
• three QCs and a Junior for the Secretary of State;
• one QC and one Junior for the Metropolitan Police;
• one QC for the City of London Police;
• one QC and one Junior for the British Transport Police;
• one junior for the London Ambulance Service;
• one junior for the London Fire Commissioner;
• one junior for Transport for London;
• one junior for the City of London Police; and
• one junior for the IOPC.
All of the above were supported by full solicitor teams. The Working Party is grateful to Hogan Lovells
for the provision of this information.
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