Overseas witnesses: potential pitfalls and extended coronial powers

Many of the cases we deal with now involve online and remote care being provided, including by healthcare professionals who reside outside of England and Wales. That shift brings a practical (and sometimes overlooked) complication for inquests: can a witness give oral evidence from a foreign jurisdiction?

While video platforms make giving evidence technically easy, it can be legally and diplomatically sensitive, and gives rise to an extra procedural step for the coroner to take in advance of the inquest. This can cause delays to the hearing of the inquest, and uncertainty for practitioners as to how and when they will be giving evidence.

Recent case law also indicates that coroners may have broader powers than thought to issue Schedule 5 Notices (a notice to legally compel a witness to attend) in respect of overseas witnesses.

Healthcare providers will need advice as to how best to approach these issues if they have overseas practitioners asked to engage with an inquest.

Can overseas witnesses be compelled to attend? 

Coroners can issue Schedule 5 Notices to compel witnesses to attend an inquest. The generally accepted position until recently (as reflected in the Chief Coroner’s Bench Book) was clear: a coroner cannot compel a witness outside England and Wales to attend an inquest.

However, recent case law is shifting the landscape: UCPI Designated Lawyer Officers Core Participant Group v Sir John Mitting (Chairman of the Undercover Policing Inquiry) [2026].

This case challenges the assumption about compellability. A witness to the Undercover Policing Inquiry who refused to attend to give evidence found themselves subject to a notice under s.21 of the Inquiries Act 2005 requiring him to attend the hearings. Whilst this was an inquiry rather than an inquest, coroners may now find themselves more confident in issuing a Schedule 5 Notice in order to compel attendance and “persuade” a witness outside the jurisdiction.

Whilst a coroner cannot compel the witness to return, if a Notice is not complied with and that witness later returns to England and Wales, they could then face enforcement of a fine of up to £1,000. Failure to comply with a Notice may also lead to reputational harm and potential regulatory criticism. Advice should be taken if a Notice is received.

Can the witness give evidence from overseas?

The coroner can only hear oral evidence from overseas if there is no “legal or diplomatic barrier”. Whilst technology makes it very easy for witnesses to give evidence via Teams or Zoom, permission is needed from the relevant jurisdiction before a witness is permitted to give evidence. The coroner needs to seek permission via the Foreign and Commonwealth Development Office (FCDO).

This is an issue which needs to be addressed early on to avoid delays in listing, and so that permission can be sought, and alternative plans agreed if that permission cannot be obtained either in time or at all.

What guidance is available?

• Chapter 13 of the Chief Coroner’s Bench Book underlines that the giving of oral evidence from another Nation State requires the permission of that State. This confirms the principle of Agbabiaka [2021] UKUT 00286 (IAC).
• Permission is not required to give oral evidence from Scotland, Northern Ireland, the Isle of Man, the Channel Islands, or British Overseas Territories.
• The FCDO publishes a list of countries which give an indication as to whether an objection is raised by that State in various scenarios.

Practical steps on how to avoid disruption

If you, or a contractor or employee, are likely to be overseas at the time of the inquest and are an Interested Person or likely to be called as a witness, you should take advice to manage the necessary next steps.

A potential witness living or staying overseas should be flagged with the coroner’s officer at the outset.

The coroner will need to seek confirmation of the position and/or permission via the FCDO. This can take quite some time, and, in some cases, States will give no response at all. Time for this process needs to be built into the inquest timetable.

You will need advice on a ‘plan B’ if permission is refused or cannot be obtained, for example whether:

• the evidence could be admitted in writing only (under Rule 23),
• questions can be put in writing by the coroner and dealt with in a supplemental witness statement (or multiple statements if questions arise during the hearing and need a further response),
• permission can be granted for the witness to observe the inquest remotely,
• the witness could return to England and Wales to attend the hearing in person, or travel to a closer State where permission can be obtained, or permission is not needed.

If you have questions or concerns about a witness giving evidence from overseas, or representation at an inquest, please contact Hannah Pilkington.