
As many as 1,000 Scots families may have been denied crucial answers over their loves ones’ deaths abroad because of flawed legislation, The Sunday Post can exclusively reveal today.
Shocking new analysis has uncovered how despite thousands of inquests taking place in England and Wales in recent years, not a single hearing has been carried out in Scotland since a change in the law in 2016.
It means people arranging to have their family members’ remains returned to Scotland are unknowingly locking themselves out of justice available to those whose loved ones are flown back to England or Wales.
Official figures show that between 2019 and 2023, 5,700 coroner’s inquests – between 1,000 and 1,300 every year – were held into the death of people whose remains were returned south of the border.
Coroner’s inquests mainly determine how, where and when someone died.
The numbers suggest that each year in Scotland around 100 equivalent hearings, known as Fatal Accident Inquiries, have fallen between the cracks – around 1,000 since the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act was passed.
Why have no inquiries been done?
Campaigners say confusion over the term “ordinarily resident” to describe where a person spent their time before dying has made it impossible to pass the threshold for an inquiry to be called.
Inquiries can only be held where the Lord Advocate believes wider scrutiny of a death is necessary and the person is considered to be ordinarily resident in Scotland.
However, the requirements for a person to be considered ordinarily resident are not defined in the Act.
Davy Cornock has lodged a petition with the Scottish Parliament to introduce a statutory definition as part of a fight for justice following the death of his son, David, in Thailand in May 2019.
Davy, 63, of Ferryden near Montrose, remains convinced offshore worker David was murdered – a claim backed by private investigations.
But Police Scotland and other bodies in the UK have been unable to act because he was considered not ordinarily resident.
Davy said: “They know the system is wrong, they know it has failed but all they want to do is kick the can down the road and hope you go away.
“You could have been living in Australia for 50 years and if something happens to you and you get repatriated to England, it is the coroner’s duty to hold an inquest.
“David banked here, worked for a company in Aberdeen, voted here, went to the doctor here, had a mortgage here but with all that, they came back and told us he was not considered ordinarily resident.
“I feel like everyone we’ve spoken to has tried to help us except our own government.”
Devastating toll on Cornock family
Davy spoke candidly about how the ordeal has “destroyed” his family and left him feeling suicidal in the past.
He has suffered recurring nightmares about what happened to his son, while David’s mum has had panic attacks and severe stress.
The lack of answers over the circumstances of his death saw David’s children in Brazil become homeless after they lost out on his property and any insurance pay out.
The family believes that if his body had instead been returned to England, money to support their future may have been available.
Davy added: “The government know they’re wrong. They know we’ve got them.
“I don’t want to play any politics. I just want this to change so it doesn’t happen to more families.”
Last year Humza Yousaf, who was first minister at the time, acknowledged that the residency definition is at the heart of the issue.
He pledged to look at the matter personally and speak to the justice secretary.
Davy’s case has been raised repeatedly by local politicians such as North East Labour MSP Michael Marra and Angus and Perthshire Glens MP Dave Doogan.
Speaking last night, Marra said: “This tragic case has brought to light a concerning situation whereby the law may have denied families access to the justice they deserve.
“This anomaly leaves up to a thousand Scots families without answers over the past decade. There are serious questions for the Scottish Government to answer about the competency of the law in this area.
“For the sake of all those who have lost loved ones abroad, the Scottish Government must look again at this legislation.”
What does the government say?
Justice Secretary Angela Constance said: “I would again like to extend my sympathies to Mr Cornock over the tragic loss of his son.
“I have met with Mr Cornock and passed on what I hope was helpful information.
“While it is the role of the Foreign, Commonwealth and Development Office to provide consular support, the Scottish Government is committed to identifying where support to families in Scotland can be improved.”

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