Supporting a construction industry client through a sensitive inquest

An inquest can be a daunting experience, especially for those called to participate due to a sudden loss or as a witness. Inquests are formal investigations led by a coroner to establish the cause and circumstances of deaths that are violent, unnatural, or occur in custody.

Unlike a trial, they do not assign blame or liability but instead focus on finding facts. The coroner's investigation includes determining who died, when, where, and how, and the scope can expand if necessary to examine other factors.

Case background

In June 2021, a subcontractor working for the client collapsed on a scaffold with a suspected heart attack. Although taken to the hospital for emergency surgery, he sadly passed away eleven days later. 

Initially, the coroner ruled the death as natural. However, the subcontractor's family raised concerns about a possible link to a recent Moderna Covid vaccine he had received, leading the coroner to expand the inquest's scope to examine this factor.

Michael Mulcare represented the construction company in this complex inquest. His experience and attention to detail provided crucial support to the client through each stage of a challenging process.

Legal representation

Michael's representation was comprehensive, beginning with two pre-inquest review hearings. Reviewing an extensive volume of disclosed evidence, including medical records, he gathered witness statements to address areas where the client might face scrutiny, ensuring full alignment with health and safety regulations.

Michael held detailed meetings to prepare the client's witnesses, walking them through what to expect and answering any questions. He also instructed counsel to ensure the client's interests were thoroughly represented. On the first day of the inquest, which unusually involved a jury, Michael attended with the client and witnesses as their statements were presented in court.

During the two-week hearing, Michael kept the client informed of the evolving evidence and any developments impacting their position. 

Ultimately, the coroner concluded that there was no undue delay in the rescue from height. Michael ensured the coroner recognised the client's adherence to its rescue plans, policies, and national guidelines, which were fully accepted as compliant.

Outcome and client feedback

In the end, the jury found that the Moderna vaccine did not contribute to the death, concluding it as due to natural causes. However, after identifying a gap in the industry's national guidelines, the coroner issued a Prevention of Future Deaths Report to the client's governing body.

The client shared their appreciation:

"I would like to thank you personally for all your assistance with this inquest. To say it's been a stressful time for me since the first contact with the coroner would be an understatement. Your expertise, guidance, and understanding of our business and how we operate have been perfect, and I dread to think of the outcome without your services. I would highly recommend you and SO Legal to any future clients." – CE, director, construction industry company

This case underscores the importance of experienced legal representation in inquests. Michael's thorough approach ensured the client was well-prepared and supported through a sensitive and complex process, providing reassurance and clarity when needed.

If you require legal representation at an inquest or further advice on inquests, please contact Michael Mulcare at mmulcare@solegal.co.uk.

We have solicitors in London, Brighton, East Sussex, and Cumbria, and we provide inquest representation nationwide.