Smith, R (on the application of) v Assistant Deputy Coroner for Oxfordshire & Anor, Court of Appeal - Administrative Court, April 11, 2008, [2008] EWHC 694 (Admin)

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Smith, R (on the application of) v Assistant Deputy Coroner for Oxfordshire & Anor, Court of Appeal - Administrative Court, April 11, 2008, [2008] EWHC 694 (Admin)

Neutral Citation Number: [2008] EWHC 694 (Admin)

Case No: CO/4633/2007

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date:11 April 2008

Before:

Mr Justice Collins

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Between:

Ms Jessica Simor (instructed by Messrs Hodge, Jones & Allen) for the Claimant

Ms Sarah Moore (instructed by The Treasury Solicitor) for the Interested Party

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(Transcript of the Handed Down Judgment of

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Ms Sarah Moore (instructed by the Treasury Solicitor) for the Claimant

Ms Jessica Simor (instructed by Messrs Hodge, Jones & Allen) for the Interested Party

Hearing date: 17 March 2008

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JudgmentMr Justice COLLINS :

1. The two claims before me seek to quash the inquisition of the defendant (the coroner) given on 5 January 2007 following an inquest held into the death of Mrs Smith's son, Jason George Smith. The coroner, who did not take any active part in the hearing, conceded that the inquisition should be quashed and that a fresh inquest should be held before a different coroner. The concession was based on two of the seven grounds relied on by Mrs Smith in her claim. Notwithstanding that there has been a consent to the quashing of the inquisition (and it is clear that the consent has properly been given), each of the claimants contends that it is desirable that I should reach a decision on grounds advanced by them in order to give guidance to the coroner who will hold the subsequent inquest. Perhaps unsurprisingly, each counsel contends that the grounds she wishes to have me decide need to be considered to judgment whereas those raised by her opponent do not.

2. The deceased, Jason Smith, was a private soldier in the Territorial Army. He had joined on 2 October 1992. In June 2003, he was mobilised for service in Iraq. He arrived in Basra on 18 June 2003, but spent until 26 June 2003 in a tented camp in the desert in Kuwait for the purpose of acclimatisation. He then moved to his base, which was an old athletic stadium with a concrete structure comprising terraces, office and accommodation space. It is said that the room which he was assigned was large and airy, but there was no air conditioning. By August 2003, sha...

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