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Leave granted to challenge coroner’s inquest procedures despite scandalous allegations in affidavit
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The High Court considered an application for leave to commence judicial review proceedings by the applicant following the death of her daughter and a contested inquest. The court granted leave against the coroner only, allowing the applicant to challenge the procedures of the inquest on the basis that she may not have had sufficient opportunity to test the evidence. Applications against other respondents, including the police and a local authority, were refused on the grounds that alternative statutory remedies existed or the bodies in question were not subject to judicial review. Allegations of criminal conduct and requests for wide-ranging disclosure were found to be inappropriate for judicial review. Certain scandalous and unsupported allegations were struck out from the affidavits. Costs were awarded in favour of the respondents where leave was refused, but with an undertaking not to enforce if the decision was not appealed.
judicial review – leave to apply – coroner’s inquest – procedural fairness – alternative statutory remedy – public body – disclosure of CCTV footage – mandamus – certiorari – costs order – Rules of the Superior Courts (RSC) – Coroners Act 1962 – scandalous averments – administrative law – delay in filing
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