R v Her Majesty's Coroner for Kent (Maidstone District) ex p Johnstone

(1995) 6 Med LR 116

QUEEN'S BENCH DIVISION, DIVISIONAL COURT

Lord Justice MCCOWAN, and Mr Justice BUXTON

Coroner — Inquest — Application to set aside — Death in custody of patient subject to compulsory detention under Mental Health Act — Pathologist's original post-mortem reports stating cause of death as “neuroleptic malignant syndrome” (NMS) — Pathologist giving evidence at inquest that deceased died of acute exhaustive mania and that by giving cause of death as NMS he did not intend to convey that neuroleptic drugs administered to deceased had anything to do with death — Refusal by coroner to adjourn inquest — Verdict of death by natural causes — Whether inquest should be set aside — Whether costs should follow event where applicant was successful