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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Terry v Craze [2001] EWCA Civ 148 (5 February 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/148.html
Cite as: [2001] EWCA Civ 148
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE DIVISIONAL COURT
(MRS. JUSTICE RAFFERTY)
Strand London WC2 Monday, 5th February 2001 |
||
B e f o r e :
(LORD PHILLIPS)
____________________
| IN THE MATTER OF AN APPLICATION UNDER SECTION 13 | ||
| OF THE CORONERS ACT 1988 | ||
| MRS. MARGARET GLADYS TERRY | ||
| Applicant | ||
| - v - | ||
| MR. ALAN CRAZE (HM CORONER FOR EAST SUSSEX) | ||
| Respondent |
____________________
Smith Bernal International
190 Fleet Street, London EC4A 2AG
Telephone 020 7404 1400 Fax 020 7831 8838
(Official Shorthand Writers to the Court)
THE RESPONDENT was not present and was not represented.
____________________
Crown Copyright ©
- THE MASTER OF THE ROLLS: This is a renewed application for permission to appeal against the decision of the Divisional Court dated 29th November 2000. The application originally came before me on paper and I refused it. It is now renewed by Mr. Allston on behalf of the applicant.
- The case raises an important question as to the effect upon the jurisdiction of a coroner under section 19 of the Corners Act 1988. In giving the judgment of the court below, Rafferty J. referred to this as a difficult area. I accept Mr. Allston's submission that the judgment of the Divisional Court does not wholly resolve that difficulty.
- In any event, it seems to me that the issue is a fitting one for consideration by the Court of Appeal.
- The reason that I originally refused the application was that I considered the issue academic upon the facts of this case because I did not believe that an arguable case could be made out that there was reasonable cause to suspect that the deceased, Mr. Terry, had died an unnatural death. However, Mr. Allston has persuaded me to reconsider that view. He has urged upon me that the threshold of an arguable case that there is reasonable cause to suspect unnatural death is not very high. He submits that he surmounts that hurdle, having particular regard to the fact that, after the coroner had formed his view, the Medical Appeal Tribunal reached a decision in which it accepted that Mr. Terry was suffering from an asbestos-related disease.
- Mr. Allston submits that in those circumstances it is at least arguable that in this case there is reasonable cause to suspect that that was the cause of Mr. Terry's death. He has made out that case to my satisfaction and accordingly I will grant permission to appeal.
Monday, 5th February 2001