Plantagenet Alliance Ltd, R (On the Application Of) v Secretary of State for Justice [2014] EWHC 1662 (QB) (23 May 2014)

Plantagenet Alliance Ltd, R (On the Application Of) v Secretary of State for Justice [2014] EWHC 1662 (QB) (23 May 2014)

There was no legal duty on the Secretary of State for Justice, the University of Leicester, or Leicester City Council to consult the public or collateral descendants before deciding on the location of Richard III's re-interment. The statutory framework under the Burials Act 1857 did not require consultation, and the common law principle of fairness did not mandate it in the unique circumstances of this case. The decisions challenged were lawful.

Citation
[2014] EWHC 1662 (QB)
Parties
Claimant: Plantagenet Alliance Ltd; First Defendant: Secretary of State for Justice; Second Defendant: University of Leicester; Third Defendant: Leicester City Council; First Interested Party: Members of the Chapter, Council and College of Canons of the Cathedral of Saint Martin Leicester; Second Interested Party: Members of the Chapter, Council and College of Canons of the Cathedral and Metropolitical Church of Saint Peter York
Jurisdiction
England and Wales
Judgment Date
23 May 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review, Procedural Fairness, Consultation Requirements, Burials Act 1857, Exhumation Licences
Administrative Law Public Law Judicial Review Procedural Fairness Consultation Requirements Burials Act 1857 Exhumation Licences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Plantagenet Alliance Ltd

Claimant

Secretary of State for Justice

First Defendant

University of Leicester

Second Defendant

Leicester City Council

Third Defendant

Members of the Chapter, Council and College of Canons of the Cathedral of Saint Martin Leicester

First Interested Party

Members of the Chapter, Council and College of Canons of the Cathedral and Metropolitical Church of Saint Peter York

Second Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State for Justice was under a duty to consult before granting an exhumation licence for the remains of Richard III
  2. 2 Whether the University of Leicester and Leicester City Council were required to consult on the location of re-interment
  3. 3 Whether the failure to consult rendered the decisions unlawful

Ratio Decidendi

There was no legal duty on the Secretary of State for Justice, the University of Leicester, or Leicester City Council to consult the public or collateral descendants before deciding on the location of Richard III's re-interment. The statutory framework under the Burials Act 1857 did not require consultation, and the common law principle of fairness did not mandate it in the unique circumstances of this case. The decisions challenged were lawful.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.
  • No order requiring consultation or reconsideration of the exhumation or re-interment decisions.