Dyer, R (On the Application Of) v [2019] EWHC 2897 (Admin) (30 October 2019)

Dyer, R (On the Application Of) v [2019] EWHC 2897 (Admin) (30 October 2019)

The coroner misdirected himself in law by failing to properly balance the fundamental principle of open justice against the officers' fears and concerns; the decision to screen all police officers from the family was irrational and disproportionate, as there was insufficient evidence that the identified family...

Source-derived case information.

Citation
[2019] EWHC 2897 (Admin)
Parties
Claimant: Natalie Dyer; Defendant: HM Assistant Coroner for West Yorkshire (Western); Interested Party: The Chief Constable of West Yorkshire Police and B, C and E; Interested Party: The Police Federation of England and Wales and Officers D, F, G, H, J, K, L, M, N, O, P and Q; Interested Party: Calderdale and Huddersfield NHS Foundation Trust; Interested Party: The Press Association
Jurisdiction
England and Wales
Judgment Date
30 October 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review allowed in part; coroner's decision quashed to the extent that screens prevent identified family members from seeing officers give evidence, except for officers C and N.
Legal Topics
Open Justice, Anonymity Orders, Use of Screens, Article 2 ECHR, Article 3 ECHR, Procedural Fairness
Administrative Law Human Rights Law Coroners Law Open Justice Anonymity Orders Use of Screens Article 2 ECHR Article 3 ECHR +1 more

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Parties

Natalie Dyer

Claimant

HM Assistant Coroner for West Yorkshire (Western)

Defendant

The Chief Constable of West Yorkshire Police and B, C and E

Interested Party

The Police Federation of England and Wales and Officers D, F, G, H, J, K, L, M, N, O, P and Q

Interested Party

Calderdale and Huddersfield NHS Foundation Trust

Interested Party

The Press Association

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the coroner misdirected himself in law regarding the use of screens for police witnesses at an inquest
  2. 2 Whether the decision to screen all police officers from the family and public was irrational or disproportionate
  3. 3 Whether the decision complied with Article 2 ECHR procedural duty and common law fairness

Ratio Decidendi

The coroner misdirected himself in law by failing to properly balance the fundamental principle of open justice against the officers' fears and concerns; the decision to screen all police officers from the family was irrational and disproportionate, as there was insufficient evidence that the identified family members posed a risk of breaching anonymity or threatening officers; screens should only be used to the extent necessary, and the family should be permitted to see all officers except C and N, for whom screens remain justified.

Court Disposition

Application for judicial review allowed in part; coroner's decision quashed to the extent that screens prevent identified family members from seeing officers give evidence, except for officers C and N.

Orders

  • Coroner's directions as to screens quashed except for officers C and N; screens to remain for officers C and N only.
  • Identified family members permitted to see all other police officers give evidence at the inquest.