Leeson & Anor v McPherson (Re Estate of Paula Elizabeth Leeson) [2023] EWHC 2502 (Ch) (11 October 2023)

Leeson & Anor v McPherson (Re Estate of Paula Elizabeth Leeson) [2023] EWHC 2502 (Ch) (11 October 2023)

Permission is granted for the Agreed Facts to be provided to the coroner for use in the inquest because special circumstances exist: the inquest and these proceedings concern the same issue (cause of death), there is a strong public interest in the effective conduct of the inquest, much of the underlying material is already before the coroner, the Agreed Facts are likely to become public at trial in any event, and there is no significant prejudice or injustice to the defendant. The balance of public interest favours disclosure.

Citation
[2023] EWHC 2502 (Ch)
Parties
Claimant: Ben Leeson; Claimant: William Anthony Leeson; Defendant: Donald McPherson
Jurisdiction
England and Wales
Judgment Date
11 October 2023
Procedural Posture
Chancery Probate/civil Claim / Interlocutory Application for Permission to Disclose Agreed Facts to Coroner
Outcome
Permission granted for collateral use of Agreed Facts in inquest, subject to GMP's right to apply to vary or discharge the order within seven days.
Legal Topics
Collateral Use of Disclosed Documents, Permission Under CPR 31.22, Disclosure to Coroner, Admissions in Civil Proceedings, Public Interest in Inquests
Civil Procedure Probate Inquests Collateral Use of Disclosed Documents Permission Under CPR 31.22 Disclosure to Coroner Admissions in Civil Proceedings Public Interest in Inquests

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Parties

Ben Leeson

Claimant

William Anthony Leeson

Claimant

Donald McPherson

Defendant

Procedural Posture

Chancery Probate/civil Claim / Interlocutory Application for Permission to Disclose Agreed Facts to Coroner

Legal Issues

  1. 1 Whether the court should permit the Agreed Facts (including information derived from disclosed documents) to be provided to the coroner for use in the inquest into the death of Paula Elizabeth Leeson
  2. 2 Whether CPR 31.22(1)(a) or (b) applies to permit such collateral use
  3. 3 Whether there are special circumstances justifying collateral use of disclosed documents

Ratio Decidendi

Permission is granted for the Agreed Facts to be provided to the coroner for use in the inquest because special circumstances exist: the inquest and these proceedings concern the same issue (cause of death), there is a strong public interest in the effective conduct of the inquest, much of the underlying material is already before the coroner, the Agreed Facts are likely to become public at trial in any event, and there is no significant prejudice or injustice to the defendant. The balance of public interest favours disclosure.

Court Disposition

Permission granted for collateral use of Agreed Facts in inquest, subject to GMP's right to apply to vary or discharge the order within seven days.

Orders

  • Claimants' solicitors may provide a copy of the Agreed Facts to the coroner for use in the inquest, subject to the evidential status being determined by the coroner and any submissions by interested parties.
  • Order to be served on Greater Manchester Police (GMP), who have seven days to apply to vary or discharge the order; permission does not take effect until that period expires or any such application is determined.