Louis Browne KC and David Illingworth appear in Court of Appeal judicial review appeal

April 24, 2026

Louis Browne KC and David Illingworth from Exchange Chambers appeared in the Court of Appeal on behalf of the coroner in R (O’Brien) v HM Assistant Coroner for Sefton, Knowsley and St Helens [2026] EWCA Civ 499, a significant judicial review concerning the proper scope of inquests and the treatment of causation in cases involving alleged police failings.

The appeal focused in particular on whether earlier police conduct – following a reported breach of a restraining order – should fall within the scope of the inquest, and the correct application of the “more than minimal contribution” test. The case also raised wider issues as to the engagement of Article 2 ECHR and the circumstances in which a jury may be required.

The Court of Appeal considered the extent to which a coroner may limit the scope of an inquest at a preliminary stage, and the level of evidential analysis required before excluding potential lines of inquiry. The Court ultimately decided that the matter should be remitted for the issues of causation, Article 2 and the need for a jury to be reconsidered.

Louis Browne KC and David Illingworth were instructed on behalf of the coroner by Fiona Townsend of Sefton MBC Legal Services Department.

The full judgment can be viewed here.