HM Senior Coroner for the County of the East Riding of Yorkshire And the City of Hull v HM Assistant Coroner for the County of the East Riding of Yorkshire And the City of Hull [2024] EWHC 2007 (Admin) (31 July 2024)

inquest without body… then body is found… consideration of section 13 Coroners Act 1988 procedure for quashing and fresh inquest

HM Senior Coroner for the County of the East Riding of Yorkshire And the City of Hull v HM Assistant Coroner for the County of the East Riding of Yorkshire And the City of Hull [2024] EWHC 2007 (Admin) (31 July 2024)

https://www.bailii.org/ew/cases/EWHC/Admin/2024/2007.html

On 20 April 2009 MC then aged 80, disappeared. In the months prior to this he had had a viral infection requiring him to be hospitalised for a short time. On discharge he appeared somewhat confused. He was unmarried and lived alone. His older sister, who lived close by, had begun to have concerns about her brother’s mental state, in particular whether he was developing a form of dementia. She rang him on Sunday evening 19 April 2009 and was sufficiently concerned by what he said in that conversation to arrange to go and see him the next morning to take him to the doctor. When she arrived at his house the lights were on but her brother was not there. The police were informed and a missing persons enquiry set up. MC’s family delivered posters around the local area. However nothing was heard of his whereabouts then or later. [3]

On 2 November 2018 the Chief Coroner having received a report into MC’s disappearance, authorised an investigation into his death. An inquest was held on 5 February 2019 the Record of Inquest recorded that: “There is evidence to suggest that, on the balance of probabilities, [MC] died on the 20 April 2009. The whereabouts and circumstances of his death are unknown”… “OPEN CONCLUSION”. [4]

Nearly four years later, on 7 December 2022, a dogwalker discovered skeletal A pathology examination of the remains concluding that the remains discovered were those of MC. [5]

It is the discovery of remains, and their subsequent identification as those of MC, which has prompted the present proceedings seeking a fresh inquest. [6]

[in accordance with section 13 Coroners Act 1988] there will be an order quashing the 2019 inquest and for a fresh inquest to be held [19]