David Illingworth appears for Coroner in application for a fresh inquest

May 1, 2025

David Illingworth from Exchange Chambers has represented the defendant Coroner in the Divisional Court (Lady Justice Whipple and Mr Justice Goose) in an application for a fresh inquest made under section 13 of the Coroners Act 1988.

The application was brought by the family of Ms Zoe Morrow, who sadly died on 12 April 2021 (the Claimant). It was brought against HM Assistant Coroner for Sefton, Knowsley and St Helens (the Defendant), with Mersey Care NHS Foundation Trust joined as an Interested Party.

Ms Morrow was found deceased at home on 12 April 2021. Medication was found on her person and on the premises. A post-mortem examination and toxicological analysis indicated the presence of multiple drugs in Ms Morrow’s blood at the time of her death. Some of those drugs were at fatal levels and were known to have overlapping effects.

An inquest was held into Ms Morrow’s death on 31 March 2022. The Coroner concluded that the cause of death was mixed drug toxicity.

The Claimant sought an order that a fresh inquest be held into Ms Morrow’s death, relying on nine separate grounds. The court held that the Claimant’s key complaints were two-fold. First, that the Coroner did not allow the family to give evidence, or question witnesses, about Ms Morrow’s treatment in the months leading up to her death. Second, that the Coroner did not properly consider whether Ms Morrow’s death was a suicide.

The Coroner took a neutral stance on the application. David appeared in order to explain the applicable legal principles, together with the Coroner’s decision making and the process adopted at the inquest.

Ultimately, the court concluded that it had not identified any substantial defect in the first inquest and the inquiry which had taken place was sufficient as a matter of law. The application was therefore dismissed.

David was instructed by Sefton MBC Legal Services Department for the Defendant.

To read the full judgment please click here.