Haqq, R (on the application of) v HM Coroner for Inner West London

Haqq, R (on the application of) v HM Coroner for Inner West London

The weight of evidence points strongly to the deceased having acquired a domicile of choice in England. Under English law, the claimant remained the lawful wife and is entitled to letters of administration and the release of the body. There are no sufficient circumstances to displace this entitlement. The coroner acted lawfully in refusing release pending resolution.

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 / Judgment
Outcome
Declaratory judgment for the claimant; application for judicial review dismissed as to the coroner's decision; costs to be assessed for publicly funded parties; leave to appeal refused.
Legal Topics
Release of Remains, Domicile, Intestate Succession, Validity of Marriage, Judicial Review of Coroner's Decision
Family Law Administrative Law Probate Law Release of Remains Domicile Intestate Succession Validity of Marriage Judicial Review of Coroner's Decision

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 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 / Judgment

Legal Issues

  1. 1 Who is entitled to the release of the deceased's body?
  2. 2 Was the coroner's refusal to release the body unlawful?
  3. 3 What is the deceased's domicile at death?

Ratio Decidendi

The weight of evidence points strongly to the deceased having acquired a domicile of choice in England. Under English law, the claimant remained the lawful wife and is entitled to letters of administration and the release of the body. There are no sufficient circumstances to displace this entitlement. The coroner acted lawfully in refusing release pending resolution.

Court Disposition

Declaratory judgment for the claimant; application for judicial review dismissed as to the coroner's decision; costs to be assessed for publicly funded parties; leave to appeal refused.

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.