Ben Leeson & Anor v Donald McPherson

Ben Leeson & Anor v Donald McPherson

Permission is granted for the Claimants to provide the Agreed Facts to the Coroner for use in the inquest. The court finds that special circumstances exist: the inquest and the present proceedings concern the same issue (the 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, and there is no significant prejudice to Mr McPherson. The public interest in facilitating the inquest outweighs the policy against collateral use. The order is made subject to notice to Greater Manchester Police, who may apply to vary or discharge the order.

Parties
Claimant: Ben Leeson; Claimant: William Anthony Leeson; Defendant: Donald McPherson
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Probate / Civil / Interlocutory Application (permission for Collateral Use of Agreed Facts)
Outcome
Application granted (permission to provide Agreed Facts to Coroner)
Legal Topics
Collateral Use of Disclosed Documents, Permission Under CPR 31.22, Inquest Evidence, Admissions in Civil Proceedings
Civil Procedure Probate Disclosure Collateral Use of Disclosed Documents Permission Under CPR 31.22 Inquest Evidence Admissions in Civil Proceedings

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Parties

Ben Leeson

Claimant

William Anthony Leeson

Claimant

Donald McPherson

Defendant

Procedural Posture

Probate / Civil / Interlocutory Application (permission for Collateral Use of Agreed Facts)

Legal Issues

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

Ratio Decidendi

Permission is granted for the Claimants to provide the Agreed Facts to the Coroner for use in the inquest. The court finds that special circumstances exist: the inquest and the present proceedings concern the same issue (the 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, and there is no significant prejudice to Mr McPherson. The public interest in facilitating the inquest outweighs the policy against collateral use. The order is made subject to notice to Greater Manchester Police, who may apply to vary or discharge the order.

Court Disposition

Application granted (permission to provide Agreed Facts to Coroner)

Orders

  • Claimants' solicitors are permitted to provide a copy of the Agreed Facts to the Coroner for use in the inquest, subject to notice to Greater Manchester Police, who may apply within seven days to vary or discharge the order. The order is without prejudice to the evidential status of the Agreed Facts in the inquest...