Plantagenet Alliance Ltd, R (On the Application Of) v Secretary of State for Justice

Plantagenet Alliance Ltd, R (On the Application Of) v Secretary of State for Justice

There was no statutory or common law duty on the Secretary of State for Justice to consult the public or collateral descendants before granting or revisiting the exhumation licence for Richard III’s remains. The Secretary of State had sufficient information to make a rational decision, and the absence of consultation did not render the decision irrational or procedurally unfair. The University of Leicester and Leicester City Council had no public law duty to consult or power to decide the place of re-interment. The claim for judicial review is dismissed.

Parties
Claimant: The Queen (on the application of Plantagenet Alliance Ltd); First Defendant: Secretary of State for Justice; Second Defendant: The University of Leicester; Third Defendant: Leicester City Council; First Interested Party: The Members for the time being of the Chapter, the Council and the College of Canons of the Cathedral of Saint Martin Leicester; Second Interested Party: The Members for the time being of the Chapter, the Council and the 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 After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review, Statutory Powers, Duty to Consult, Burials Act 1857, Procedural Fairness
Administrative Law Public Law Judicial Review Statutory Powers Duty to Consult Burials Act 1857 Procedural Fairness

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Parties

The Queen (on the application of Plantagenet Alliance Ltd)

Claimant

Secretary of State for Justice

First Defendant

The University of Leicester

Second Defendant

Leicester City Council

Third Defendant

The Members for the time being of the Chapter, the Council and the College of Canons of the Cathedral of Saint Martin Leicester

First Interested Party

The Members for the time being of the Chapter, the Council and the College of Canons of the Cathedral and Metropolitical Church of Saint Peter York

Second Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Secretary of State for Justice was under a duty to consult before granting or revisiting the exhumation licence for Richard III's remains
  2. 2 Whether the University of Leicester or Leicester City Council had any public law duty to consult or power to decide the place of re-interment
  3. 3 Whether the absence of consultation rendered the decision irrational or procedurally unfair

Ratio Decidendi

There was no statutory or common law duty on the Secretary of State for Justice to consult the public or collateral descendants before granting or revisiting the exhumation licence for Richard III’s remains. The Secretary of State had sufficient information to make a rational decision, and the absence of consultation did not render the decision irrational or procedurally unfair. The University of Leicester and Leicester City Council had no public law duty to consult or power to decide the place of re-interment. The claim for judicial review is dismissed.

Court Disposition

Claim dismissed

Orders

  • Claimant’s application for judicial review is dismissed.