The Plantagenet Alliance Ltd, R (On the Application Of) v Secretary of State for Justice & Anor [2013] EWHC B13 (Admin) (15 August 2013)

The Plantagenet Alliance Ltd, R (On the Application Of) v Secretary of State for Justice & Anor [2013] EWHC B13 (Admin) (15 August 2013)

It is arguable that there was a duty at common law to consult widely as to how and where Richard III's remains should be re-interred, and that the Claimant has standing and brought the claim promptly. Permission for judicial review is granted on all grounds, with an extension of time, disclosure ordered, and a Protective Costs Order made.

Citation
[2013] EWHC B13 (Admin)
Parties
Claimant: Plantagenet Alliance Ltd; First Defendant: Secretary of State for Justice; Second Defendant: University of Leicester; First Interested Party: Leicester City Council; Second Interested Party: Richard III Society
Jurisdiction
England and Wales
Judgment Date
15 August 2013
Procedural Posture
Judicial Review / Permission Application and Interim Orders
Outcome
Permission to bring judicial review granted on all grounds; extension of time granted; disclosure ordered; Protective Costs Order made; costs cap to be set; substantive hearing to be listed next term.
Legal Topics
Judicial Review, Standing, Duty to Consult, Burial and Exhumation, Protective Costs Order, Disclosure, Legitimate Expectation
Administrative Law Human Rights Law Judicial Review Standing Duty to Consult Burial and Exhumation Protective Costs Order Disclosure +1 more

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Parties

Plantagenet Alliance Ltd

Claimant

Secretary of State for Justice

First Defendant

University of Leicester

Second Defendant

Leicester City Council

First Interested Party

Richard III Society

Second Interested Party

Procedural Posture

Judicial Review / Permission Application and Interim Orders

Legal Issues

  1. 1 Whether the Secretary of State for Justice had a duty to consult before granting an exhumation licence for Richard III's remains
  2. 2 Whether the University of Leicester is amenable to judicial review
  3. 3 Whether the Claimant has standing

Ratio Decidendi

It is arguable that there was a duty at common law to consult widely as to how and where Richard III's remains should be re-interred, and that the Claimant has standing and brought the claim promptly. Permission for judicial review is granted on all grounds, with an extension of time, disclosure ordered, and a Protective Costs Order made.

Court Disposition

Permission to bring judicial review granted on all grounds; extension of time granted; disclosure ordered; Protective Costs Order made; costs cap to be set; substantive hearing to be listed next term.

Orders

  • Permission to bring judicial review proceedings granted on all grounds.
  • Time for bringing proceedings extended as necessary.