Plover v McIndoe

Plover was the next of kin of a deceased person and brought an application under the Coroners Act 1985 for judicial review of the findings of a coroner’s inquest into the death. The coroner had found that the deceased died of carbon monoxide poisoning and that no person contributed to the cause of the death. Plover contended that the coroner’s findings were against the evidence and the weight of the evidence and that the coroner had failed to make sufficient inquiry into the cause of death. Plover sought a declaration that the coroner’s findings were void and an order to re-open the inquest. McIndoe, the coroner, opposed the application. The central issues before the court were whether the finding that no person contributed to the death was reviewable under section 59(1) of the Coroners Act 1985, whether that finding was against the evidence and the weight of the evidence, and if so, whether the court should declare it void and order a re-opening of the inquest.

The court found that the finding that no person contributed to the death was not reviewable under section 59(1) of the Coroners Act 1985, as it did not constitute an error of law. The court also held that the coroner’s findings were not against the evidence and the weight of the evidence, and therefore, the court should not declare them void. The court found that the coroner had conducted a thorough inquiry into the cause of death and had considered all relevant evidence. The court held that the coroner’s findings were supported by the evidence and that there was no basis for re-opening the inquest.

The court dismissed Plover’s application and ordered that Plover pay McIndoe’s costs of the application. The court found that the coroner had acted within their powers and had made findings that were supported by the evidence. The court held that there was no basis for the court to interfere with the coroner’s findings or to order a re-opening of the inquest. The court found that Plover’s application was without merit and that the costs order was appropriate given the nature of the application.