Coronial Inquests: Lessons learned
Recent publicity regarding the Inquest into the death of former Man United and Scotland defender Gordon McQueen resonated with me on a number of levels.
As the daughter of a footballer who played 5- a- side into his 60s, wife of a rugby player (who is still running out for the odd old boys’ match in his late 40s) and mother of a rugby and football mad son, I have followed closely the investigation into possible links between head trauma in sport and neurological issues in later life. The English coroner found that repeatedly heading a football was “likely” to have contributed to the brain injury that was a factor in Mr McQueen’s death.
CTE is a neurodegenerative disease linked to repeated head trauma. Studies have found a significantly increased risk of CTE in ex-professional football and rugby players compared with the general population. This has led to calls for changes in approach to training at both grass roots and professional levels in sport, some of which have already been implemented, albeit on a voluntary basis.
This case also piqued my interest on a professional level as I regularly support clients who find themselves designated as PIPs (Properly Interested Persons) in Coronial Inquests in Northern Ireland. Whilst the Inquest process here is essentially a fact-finding exercise not intended to attribute blame, the coroner’s findings can cause reputational harm and often form the basis of a civil claim by the deceased’s family.
English coroners operate under a more modern legislative framework which provides the basis for findings which are slightly broader in scope. In practical terms, the Inquest process in England can operate as a learning and feedback tool for regulators, industry and sports bodies.
It remains to be seen whether the coroner’s findings in Mr McQueen’s case will serve as a catalyst for significant change, but I sincerely hope that lessons will be learned.
The team at Davidson McDonnell can help your business to sensitively navigate the HSE (NI)/ PSNI investigation, Coronial Inquest and criminal or civil proceedings which follow in the aftermath of a workplace fatality.
Written By: Kirsten Magee
Kirsten Magee,
Legal Director Commercial Litigation
Email: kirsten.magee@davidsonmcdonnell.com
Direct Dial: 028 9099 1087