Jonathan Landau Successfully Defends Regulation 28 Judicial Review against Coroner.

Judgment was handed down on 14 December 2022 in the case of R (Diarra Dillon) v Assistant Coroner for Leicestershire [2022] EWHC 3186 (KB) (Admin).  The application challenged the Coroner’s decision not to issue a report to prevent future deaths in relation to first aid training and healthcare provision in the prison in which the Claimant’s brother died.

The Divisional Court (Simler LJ, Farbey J and the HHJ Teague, the Chief Coroner of England and Wales) dismissed both grounds of judicial review. 

The Court noted that PFD reports do not concern the rights of any person appearing at an inquest and no person has a right to be heard or to call any evidence that relates only to whether a report should be made, citing with approval the case of Gorani (in which Jonathan also acted for the Coroner).

The Court observed that the wording of the legislative framework, which rests on the opinion of the coroner as to whether action should be taken, incorporates a significant subjective element such that more than one reasonable conclusion may be available on the same facts.

Although not central to the Coroner’s decision, the Court also agreed that coroners may take into account resource constraints when exercising their judgment as to what action can practically be taken.

The judgment is available here.

Jonathan appeared on behalf of the Coroner.  He acts in high profile inquests on behalf of private and public sector bodies and families, and for coroners in judicial reviews.