If a loved one dies abroad, coroners in England and Wales may be required to investigate the death if the body is repatriated and the circumstances necessitate such an inquiry.

Under Chapter 1 of the Coroners and Justice Act 2009 (CJA 2009), coroners are obligated to investigate deaths reported to them if it appears that:

  • The death was violent or unnatural.

  • The cause of death is unknown.

  • The person died in while in custody or otherwise in state detention.

This doesn’t just apply to deaths in the UK; inquests can be carried out for those who have died overseas and whose bodies are returned to the UK. The duty is to establish who the deceased was, and how, when and where the death occurred.

This may mean an extensive investigation, including evidence from witnesses and experts, and can lead to lengthy inquests.

The inquests into Diana, Princess of Wales, and Dodi Al Fayed concluded in 2008 that they were the victims of ‘unlawful killing’. In 2004, a British inquest into the death of British tourist Julie Ward, who was killed whilst travelling Kenya, also concluded that she was ‘unlawfully killed’.

Coronial investigations typically include a post-mortem examination to help determine the cause of death and gather evidence. Where death occurs in other countries, local enquiries may have already conducted these examinations.

Coroners have powers to summon witnesses and compel the production of evidence for the purpose of an investigation. The information the coroner may request will of course vary from case to case, but typically might include copies of autopsy and toxicology reports, CCTV footage, police reports, witness statements and obtaining expert reports.

Once the coroner is happy sufficient evidence has been obtained, an inquest hearing will be held with witnesses called to attend to live evidence. This can include a number of key individuals. Typically, family members, medical professionals, first responders, witnesses, experts such as forensic pathologists, toxicologists or accident reconstruction experts will be called at the coroner’s discretion.

This can include overseas witnesses. Whilst a coroner cannot compel an overseas witness to give evidence, it is not uncommon for overseas witnesses to participate in inquests. Under current rules, the permission of the state the person is giving evidence from is required.

Farleys’ Inquest Solicitors

Here at Farleys, we have extensive experience representing families whose loved ones have died abroad and in the United Kingdom.

We previously represented the family of Greg Roult, a 27-year-old man with complex needs, who died while on holiday at the Sonesta Beach Resort in Sharm el Sheikh, Egypt. After a six-year wait, his parents finally received answers during an inquest held at Preston.

The jury heard evidence over the course of three days, before concluding that Greg’s death, which occurred in 2016, was a result of near drowning and insufficient supervision, and inadequate medical treatment.

A Prevention of Future Deaths report was sent to the Foreign Commonwealth Office and the Association of British Travel Agents, with the coroner setting out his grave concerns about the hotel doctor’s ability and qualifications, the medical equipment at the hotel, and the lack of medical treatment carried out by paramedics and hospital doctors.

You can read more about this inquest here.

Contact an Inquest Specialist

Coping with the loss of a loved one is devastating and traumatic under any circumstances, and it can be even more distressing when circumstances around the death are uncertain. Farleys’ inquest team has a wealth of experience assisting families during this difficult time, providing professional support and advice.

To contact us for a no-obligation discussion, please call 0845 287 0939, contact us by email through our online contact form, or use the chat button below.