Inquests present a complex problem for liability insurers who are concerned about a prospective claim against their insured following a fatal accident. Unlike a liability claim, there are competing interests to manage, unfamiliar procedures to follow and unpredictable costs to consider.
When will there be an inquest?
Not all deaths are required to be reported to the coroner and will lead to an inquest. There are specific circumstances which oblige GPs to report deaths; if they are violent, unnatural, unexpected, with an unknown cause, or where the person was in state custody. This also includes accidents at work, suicide, industrial disease or following medical procedures. From first notification of loss, insurers should be able to form a view a whether an inquest is likely to occur.
How long will it take?
174,878 deaths were reported to the coroners in 2024 but only 36,661 inquests were formally opened and 39,586 were concluded, so not all reported deaths will lead to the opening of an inquest. Approximately 11% of all inquests were concluded in writing and did not require any court hearing. The average time taken by the coroner to conclude an inquest in 2024 was 31.2 weeks.
Purpose of an inquest
An inquest is a fact-finding exercise rather than a trial. The coroner is required to determine four key statutory questions - who died, how, when and where did they come by their death? The scope of the inquiry will be determined by the coroner who will consider what evidence is needed in order to reach a conclusion. The rules of evidence and procedure are relatively informal compared to civil procedure rules and the coroner will usually direct what evidence is to be admitted.
The purpose of an inquest is not to determine liability for the death, but to establish the facts around it. If a party gives evidence at an inquest, it is likely to be relied upon later in any subsequent proceedings. It will be difficult to put forward another version of events in the context of a liability claim which follows. Therefore, insurers should take active steps to be involved if their insured is requested to give evidence. Even if a claim has not been presented yet it will allow them to obtain a snapshot of the evidence which will help them form a view on liability issues.
Competing interests
Aside from the statutory purpose of an inquest it is often overlooked that it follows a tragic death and that there will be a grieving family involved who may well be looking for answers in difficult circumstances. They may well be unrepresented due to funding constraints although this has recently been addressed where a public authority is involved and legal aid is available for bereaved families. An interested party who is required to give evidence may be an employee, a driver, or similar who will also have been impacted by the death and none of the parties are likely to have appeared in court to give evidence. There may be additional pressures from employers who may be concerned about reputational damage and adverse publicity.
An inquest may well be seen as the prelude to a civil claim for damages, or worse, a criminal prosecution of an organisation or an individual who may need specialist advice on giving what might be incriminating evidence. It will generally precede any regulatory action so where insurers are aware of HSE/Police or similar investigation, legal advice should be obtained.
Care and empathy are required in how proceedings are dealt with bearing in mind the primary purpose of the inquest and the feelings and expectations of each of the parties involved. Coroners are wise to parties who adopt adversarial tactics which generally are not well received.
How much will it cost?
Despite the relatively informal and inquisitorial nature of Coroners Inquests, insurers often see large bills for representation by solicitor and counsel at all stages. For the reasons set our above, it is almost always a good investment as a minimum to attend any oral hearing and obtain a set of any documents or evidence heard at an inquest, but attendance as an interested party is not always required and should be considered separately in each case.
Similarly, although there is limited public funding for families to be represented at inquests, the costs of such representation can be claimed as part of the costs of a claim, if the attendance was needed to provide evidence for use in the subsequent proceedings. It is not uncommon for these costs to vastly increase the costs of the claim. It follows that where a claim has already been made, insurers should consider whether a sensible admission can be made to avoid this.
Do insurers have to pay for representation at inquests?
Most liability policies will include some sort of cover for legal fees for inquests, but it is worth checking the scope and circumstances. Where there is a preceding investigation for example by HSE, the Police or another regulator it is common for lawyers to be appointed almost immediately (for good reason) without proper consideration of who will pay the bill. It is also a relevant consideration that a policyholder will almost certainly need some legal support if asked to give evidence by the coroner. To avoid a dispute, insurers should consider whether there is coverage for legal fees for an inquest and if not, whether if might be a useful exercise in any event.
Areas of Core Excellence
Mark Treacher and Julia Messervy-Whiting lead our Fatal Area of Core Excellence (ACE) Group. This offers clients direct access to our expert lawyers skilled in handling fatal accident claims and fatal incidents and associated claims and investigations. This team can provide practical experience to identify key areas of dispute at the outset and provide guidance for proactive resolution of claims within realistic reserves. The aim of this group is to share insights and advice on a practical level with our clients, circulate advice on areas of potential changes both legislative and via case law, consider the impact of jurisdiction, and provide insights from different aspects of the legal process.
