Sun, Sea, and Summoning Witnesses – Inquests and Giving Evidence from Abroad
12th August, 2025
Inquests are a vital inquisitorial process in the English and Welsh legal system, providing important closure to families, scrutiny on both public and private organisations, and an opportunity for witnesses to provide their account of events.
So, in a world that is rapidly moving online, what happens if a witness is abroad when an inquest is to be heard? Can they give their evidence remotely? And what additional requirements may need to be met?
Remote Testimony
Rule 17 of The Coroners (Inquests) Rules 2013 provides that a coroner can direct that a witness give evidence at inquest through a live video link if this would improve the quality of the evidence or allow the inquest to proceed more expediently. The coroner must also obtain the views of the Interested Parties before determining whether this is appropriate.
Therefore, it is anticipated that, where a witness finds themselves abroad when an inquest hearing is to be held, that it is within the coroner’s remit to direct for their evidence to be given remotely. However, there are additional steps that need to be undertaken for this to occur.
Permission Principle
The case of Agbabiaka (evidence from abroad; Nare guidance) [2021] UKUT 286 (IAC) related to an appeal by Mr Agbabiaka to the Upper Tribunal (Immigration and Asylum Chamber) after his application for entry clearance to the UK was denied. The Home Office objected to such appeal as Mr Agbabiaka was to give evidence via video link from Nigeria and had not shown that the authorities in Nigeria had acquiesced to his involvement in such proceedings.
In reaching a decision with respect to such matters, the Tribunal expressed: –
‘[t]hat there is an understanding among Nation States that one State should not seek to exercise the powers of its courts within the territory of another, without having the permission of that other State to do so. Any breach of that understanding by a court or tribunal in the United Kingdom risks damaging this country’s relationship with other States with which it has diplomatic relations and is, thus, contrary to the public interest.‘
The principle was therefore established that permission is required from the relevant state for witnesses in their jurisdiction to give evidence remotely in English and Welsh proceedings. It was however clarified that such restriction did not apply to written evidence as the FCDO considered that: –
‘a written statement of evidence can be provided to the tribunal by a person outside the United Kingdom, without risk to diplomatic relations.’
Wider Proceedings
In light of such permission being required, the Government has helpfully published a list of countries and the steps to be taken in relation to obtaining such permission in civil and criminal cases, and tribunals. It should be noted that this does not specifically apply to inquests, for which the proper process is outlined below, but may provide a helpful indication as to whether there is likely to be any difficulty in obtaining permission from the relevant state.
Some examples from this list include: permission not being required and evidence being able to be given voluntarily for countries such as Australia, Denmark, and Kenya; requests having to be made on a case-by-case basis for countries such as Japan, Norway and Belgium; and permission likely being difficult or impossible to obtain for countries such as Syria, North Korea, and Yemen. Again, this does not expressly apply to inquests, but is a helpful indication as to from which countries permission may be obtained, and how challenging this may be.
Present Inquest Position
This position with respect to inquests has been clearly outlined recently in the Bench Guidance, specifically Chapter 13, which was published on 01 January 2025. In short this provides that remote oral evidence can only be taken from witnesses at inquest if there is ‘no legal or diplomatic barrier’. It also clarified that, whether there is such a barrier is not a matter for the coroner and, instead, permission must be sought from the relevant state in which the witness is located before such evidence can be obtained.
The coroner must therefore, in such circumstances, contact the Taking of Evidence Unit (ToEU) in the Foreign and Commonwealth Development Office (FCDO), who will be responsible for seeking such permission from the relevant state.
On occasion, the ToEU may be able to promptly confirm whether such evidence can be obtained, particularly if it is aware of recent requests of a similar nature. However, such requests can also result in notable delays whilst a response is awaited, and the FCDO have confirmed that at least 8 weeks’ notice should be given to the ToEU in advance of any hearing, to provide sufficient time for the request to be considered.
Should such permission be refused, written evidence can still be obtained from the witness for the inquest and admitted under Rule 23 in lieu of their oral testimony. This is because there are no equivalent permission restrictions on obtaining written evidence. Alternatively, the witness may be asked to travel back to England and Wales to provide their evidence in person at the inquest hearing, or an alternative witness may be sought to provide evidence in their stead.
Summary
Therefore, in summary, a coroner can direct for a witness to give evidence remotely, via live video link, should the witness be located abroad at the time of the inquest. However, permission must first be sought from the relevant state, via the ToEU, before this can be confirmed, and this may be more challenging to obtain from some states than others. This can also incur an undesirable delay, and, in many circumstances, the coroner may consider it more expedient to simply obtain written evidence from the relevant witness or seek an alternative witness in their stead. Therefore, attendees to inquests should not be overly surprised if witnesses are excused from providing live oral evidence should they be abroad at the time the matter is heard.
For further advice or guidance with respect to inquests and coronial law, or for wider health and care advisory matters, please contact Joseph Beeney.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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