Fatal Accidents and Inquests

On 27 October 2018 a Leonardo AW169 helicopter crashed shortly after take-off from Leicester City Football Club’s King Power Stadium, tragically killing the pilot and all four passengers, including the Chairman of Leicester City Football Club, Vichai Srivaddhanaprabha (Vichai).

Vichai and his Leicester City team had previously defied all odds (5,000-1 to be exact) in becoming Premier League Champions in the 2015/16 season.

Vichai’s family has issued a legal claim against the aircraft’s manufacturer, Leonardo S,p,A (Leonardo) valued at over £2.15 billion (the Claim) making it the largest fatal accident claim in English history. The Claim was issued ahead of a long inquest into the deaths, which concluded at the end of January 2025.

The Inquest

During a three-week inquest, led by Senior Coroner Professor Catherine Mason, it was found that the helicopter was still new, was properly maintained, and that there had been no “pilot error”.

On 28 January 2025, the inquest jury delivered its verdict that the death was as a result of an accident, after considering the Air Accidents Investigation Branch investigation report. The fact that the determination was that the death was an ‘accident’, does not have a bearing on any future civil claim and this could still encompass several scenarios. Therefore, lawyers for Vichai’s family will continue to pursue damages against Leonardo. Below I break down what is involved in an inquest and why one was necessary in this case.

When is an Inquest Required?

A Coroner’s investigation and inquest takes place where a death appears to be due to an unknown, violent or unnatural cause, or where the death occurs in custody or state detention. Its purpose is to ascertain who has died and where, when, and how this occurred. Sometimes this will extend to seeking to answer the question “in what circumstances the deceased came by his or her death?”. The inquest does not seek to apportion blame or allege criminal liability. It is a fact-finding exercise. In the inquest into the deaths of Vichai and others, the Senior Coroner and the jury had the opportunity to consider families’ statements, manufacturer reports and a plethora of further information, including evidence from the first responders.

As in this case, having legal representation present meant that the evidence could be carefully scrutinised and appropriate questions asked. The lawyers representing Vichai’s family will have been able to assess the evidence disclosed to them ahead of the inquest and the merits of a legal claim. The determination by an inquest jury of ‘accident’ does not mean that no one is liable for the catastrophic deaths.

Giving Evidence at the Inquest

An important factor within the inquest was the statements that were presented by witnesses. Heartfelt tributes were heard by the Coroner’s Court as to the impact that Vichai had on his family. Other witness evidence was heard from first responders to the accident. These accounts enabled the Coroner, the jury, and the families and their legal representatives to get a full insight into how the deaths occurred, and no doubt answered a number of questions that will be of relevance to the civil claim for damages.

Prevention of Future Deaths (“PFD”) Reports

Professor Catherine Mason determined that she was ‘seriously considering’ making a prevention of future deaths report considering the evidence provided. A Coroner can write this report where evidence indicates that there is a risk that further avoidable deaths could occur in future. The report is sent to an organisation who has the necessary power to take steps to prevent reoccurrence or to reduce future risk. The organisation then has a set number of days (56) to respond.

The Coroner’s Conclusion

Having heard all of the evidence, a conclusion will be reached on the cause of death, there are a number of “short form” conclusions that are available, such as accident, misadventure, unlawful killing and an open verdict. In some cases a Coroner may instead provide a narrative conclusion. The inquest jury in this case were directed by the Senior Coroner to deliver a verdict that the deaths were caused by an accident. Whilst the conclusion doesn’t apportion blame, the issuing of a PFD Report would be consistent with a determination that something has gone wrong and needs to be addressed to stop it happening again. The content of a PFD Report and the recipient’s response to it may well further inform an assessment upon the merits of the Claim.

The Claim

Lawyers for Vichai allege that Leonardo is liable because it failed to warn customers or regulators about the mechanical risk.

The Claim has been issued in the High Court and Vichai’s family are claiming damages pursuant to the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976 including for Vichai’s injuries and suffering immediately before death, statutory bereavement damages, damage to or loss of his personal effects, and loss of earnings.

The Claim is being pursued by Vichai’s family’s lawyers separately to the inquest process. The Coroner’s investigation and inquest was a necessary step to get to the truth of the circumstances that led to Vichai’s death. The lawyers’ involvement during that process meant that evidence regarding the manufacture of the helicopter could be carefully analysed. The Legal Representative for Vichai’s family commented that the evidence ‘told a story of basic engineering failures’. Leonardo takes a very different view, asserting that ‘the helicopter was designed and produced in accordance with all regulatory requirements, meeting the accepted industry standard for safety’. Resolution of the Claim, whether through mediated settlement or a fully contested trial, will no doubt take a considerable period of time to reach a conclusion.

How Leathes Prior Can Help

Leathes Prior has a specialist Personal Injury Team and Leathes Prior’s Regulatory and Defence Team also acts for clients involved in Coroner’s investigations and inquests, including family members of the deceased, or other “Interested Persons” such as organisations that came into contact with the deceased in the lead up to, or at the time of, their death.

We are holding a seminar on Thursday 3 April 2025 at the Great Hospital, Norwich: “From Investigations to Inquest: Navigating the Coroners’ Courts”. The seminar will cover the inquest process, investigations, Interested Person status, PFD reports, and much more. This will be an ideal opportunity for those in sectors such as care, charities, transport and logistics, agriculture, warehousing, manufacturing and education, to name a few, to gain an understanding of a process that they could find themselves involved in.

Further details can be found in the link here.