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82. In disagreement therefore with the conclusion reached by the majority of the House, in my judgment the House should either (a) dismiss the appeal on the basis that it was (as Buxton LJ thought and in the circumstances which Baroness Hale has encapsulated in paragraph 23 of her opinion) not open to the coroner in terms of rationality to do other than resume the inquest, or (b) (alternatively, if that view is not accepted) should only allow the appeal to the extent of varying the orders made in the courts below so as to provide for the coroner's decision to be set aside and for the question of the resumption of the inquest under section 16(3) of the Coroners Act 1988 Act to be remitted to him for reconsideration.
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