Dyer, R (On the Application Of) v

Dyer, R (On the Application Of) v

The coroner misdirected himself in law by failing to properly balance the fundamental principle of open justice against the officers' fears, resulting in a disproportionate incursion by screening all officers from the family; the decision was irrational as it did not adequately consider the objective risk posed by identified family members, who had not breached anonymity and posed no threat.

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; coroner's decision quashed in part.
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
  2. 2 Whether the decision to screen all officers from the family and public was irrational or disproportionate
  3. 3 Whether the decision complied with common law fairness and Article 2 procedural duty

Ratio Decidendi

The coroner misdirected himself in law by failing to properly balance the fundamental principle of open justice against the officers' fears, resulting in a disproportionate incursion by screening all officers from the family; the decision was irrational as it did not adequately consider the objective risk posed by identified family members, who had not breached anonymity and posed no threat.

Court Disposition

Application for judicial review allowed; coroner's decision quashed in part.

Orders

  • Coroner's decision to screen all officers from the family is quashed to the extent that identified family members may see officers give evidence, except for officers C and N.
  • Coroner's directions as to screens continue to apply to officers C and N.