Haqq, R (on the application of) v HM Coroner for Inner West London [2003] EWHC 3366 (Admin) (18 December 2003)

Haqq, R (on the application of) v HM Coroner for Inner West London [2003] EWHC 3366 (Admin) (18 December 2003)

The weight of evidence pointed to the deceased having acquired and retained a domicile of choice in England, making the claimant the lawful wife and first entitled to letters of administration and thus to the body. No special circumstances justified departing from this principle. The coroner's initial refusal was lawful, but the body should now be released to the claimant.

Citation
[2003] EWHC 3366 (Admin)
Parties
Claimant: Fatima Haqq; 1st Defendant: Dr Knapman HM Coroner for Inner West London; 2nd Defendant: Alfia Sultana Haqq
Jurisdiction
England and Wales
Judgment Date
18 December 2003
Procedural Posture
Judicial Review / Final Judgment After Expedited Hearing
Outcome
Claim dismissed as to judicial review of coroner's refusal; declaration granted that claimant is entitled to the release of the body.
Legal Topics
Release of Remains, Domicile, Intestacy, Validity of Marriage, Coroner's Discretion, Letters of Administration
Administrative Law Family Law Probate Law Release of Remains Domicile Intestacy Validity of Marriage Coroner's Discretion +1 more

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 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Fatima Haqq

Claimant

Dr Knapman HM Coroner for Inner West London

1st Defendant

Alfia Sultana Haqq

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment After Expedited Hearing

Legal Issues

  1. 1 Whether the coroner's refusal to release the body was unlawful
  2. 2 Who is entitled to the release of the deceased's body
  3. 3 Determination of the deceased's domicile at death

Ratio Decidendi

The weight of evidence pointed to the deceased having acquired and retained a domicile of choice in England, making the claimant the lawful wife and first entitled to letters of administration and thus to the body. No special circumstances justified departing from this principle. The coroner's initial refusal was lawful, but the body should now be released to the claimant.

Court Disposition

Claim dismissed as to judicial review of coroner's refusal; declaration granted that claimant is entitled to the release of the body.

Orders

  • Declaration that the claimant is entitled to the release of the deceased's body.
  • Detailed assessment of publicly funded costs for both claimant and second defendant.