The Limitations of an Inquest

The Deputy Viscount is forbidden by law to make any finding of civil or criminal liability - he cannot blame anyone for anything in connection with the death. No-one is on trial. There are no parties to an “action”. The inquest is designed to find out what actually happened, not what might have happened if someone had done something differently or made a different decision. If, say, a member of the deceased’s family believes that someone is at fault in relation to the death, proceedings have to be brought in the Royal Court: a case for damages has to be made out and the person alleged to be liable has the opportunity to defend the action. The inquest cannot be used as a sort of trial run preceding the bringing of such a civil action. Great distress is caused to relatives if they are misled into believing that an inquest will point the finger of blame at those they consider to be responsible for their loved one’s death. An inquest is just a fact-finding exercise, although the circumstances underlying the facts are investigated fully.

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