Darryl Cleugh, R (on the application of) v North Tyneside Council
[2023] EWHC 374 (Admin)
Mary Carr & Anor, R (on the application of) v HM Assistant Coroner for North Wales (East and Central)
30 July 2024
[2024] EWHC 1983 (Admin)
High Court
A family challenged decisions from an inquest in Manchester (even though the death was in Wales). The court decided the case could stay in Manchester, because while it's usually best to handle these things in Wales, this situation was different.
Key Facts
- •Judicial review claims concerning an inquest into the death of Benjamin David Leonard.
- •Inquest opened 28 August 2018, hearing held in Manchester from 4 January 2024.
- •Place of death: Marine Drive, Great Orme, North Wales.
- •Claimants: Mary Carr and Sean Glaister.
- •Defendant: HM Assistant Coroner for North Wales (East and Central).
- •Interested parties include the deceased's family and several individuals.
- •Claims were deemed arguable and brought with appropriate promptness.
Legal Principles
Venue in judicial review claims.
CPR 7.1A, CPR PD54C §2.5, Jervis on Coroners §19-46, Coroner and Justice Act 2009 Sch 2 §1, Sch 3 §2.
Definition of a “Welsh public body” for venue purposes.
CPR 7.1A, "Justice in Wales for the People of Wales" report (October 2019).
Coroners' judicial independence and powers derived from coronial status.
Case submissions and judicial observation.
Outcomes
Venue for the judicial review claims is Manchester.
While there's a strong interest in hearing such claims in Wales, the inquest hearing was held in Manchester for legitimate reasons, and the coroner isn't a 'Welsh public body'. The court considered the 'closest connection' principle under CPR PD54C §2.5.
Claims deemed arguable and timely.
The court found the claims met the threshold of arguability and were brought promptly within the 3-month limit.
Directions for expedited case handling were made.
The court sought to ensure efficient processing of the claims.
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