Cahir v Jamieson

In Cahir v Jamieson, the applicant sought judicial review of findings made by a coroner following an inquest into the death of a person. The inquest was held to determine the cause of death, and the coroner's findings were subsequently reviewed by the court. The legal issues before the court were whether the findings of the coroner were open to judicial review and, if so, whether they should be quashed. The court also considered the availability of certiorari and the appropriateness of declaratory relief in this context.

The court examined the statutory framework governing coroners' inquests and judicial review, including sections of the Occupational Health & Safety Act 1985 and 2004, as well as sections of the Coroners Act 1985 and 2008. The court found that the coroner's findings were open to judicial review, as they were subject to the relevant statutory provisions. The court also determined that the findings should be quashed on the basis that they were unreasonable and not supported by the evidence. The court concluded that certiorari was not available in this case, as the coroner's findings did not constitute a jurisdictional error, but that declaratory relief was appropriate to clarify the legal position.

The court granted the application for judicial review and quashed the findings of the coroner. The court also issued a declaration that the coroner's findings were open to judicial review and that they should be quashed. The court further declared that the coroner's findings were unreasonable and not supported by the evidence, and that declaratory relief was appropriate in this case. The court did not make any orders for costs, as the parties had agreed to bear their own costs of the proceedings.