Louis Browne KC and David Illingworth successfully argue that Administrative Court should dismiss judicial review application
February 25, 2025
Louis Browne KC and David Illingworth from Exchange Chambers have successfully argued that an application for judicial review should be dismissed by the Administrative Court.
The judicial review application was brought against HM Assistant Coroner for Sefton, Knowsley and St Helens, the defendant.
The application concerned the tragic death of Ms Linda O’Brien who died on 9 May 2020 after falling from her flat’s fourth-floor window. The claimant (Sharon O’Brien) sought to challenge the coroner’s decision that there was no causative link between the actions of Merseyside Police officers and Ms O’Brien’s death.
Louis Browne KC and David Illingworth were instructed by Sefton MBC Legal Services Department for the defendant.
By way of background, Ms O’Brien had been in a relationship with the Second Interested Party, Mr Alan McMahon.
In December 2017, a restraining order was made against Mr McMahon preventing him from contacting Ms O’Brien for a period of 18 months. In August 2019, Mr McMahon was sentenced to 22 weeks’ imprisonment for assault occasioning actual bodily harm. On 2nd September 2019, the Merseyside Magistrates’ Court made a restraining order against Mr McMahon for 5 years.
On 7th April 2020, Merseyside Police responded to an anonymous call reporting an ongoing domestic incident at Ms O’Brien’s flat. Four police officers attended and found Ms O’Brien and Mr McMahon present. Due to database issues, none of the officers were aware that Mr McMahon was the subject of a restraining order. The officers said that had they known Mr McMahon was present at Ms O’Brien’s flat in breach of a restraining order they would have arrested him.
On 9th May 2020, Mr McMahon called the emergency services. He had been present when Ms O’Brien exited a window in her flat and fell, sustaining injuries that proved to be fatal. The police attended and Mr McMahon was arrested on suspicion of her murder.
On 19th June 2020, Mr McMahon was sentenced to 20 months’ imprisonment for breach of his restraining order and theft. The accusation of murder was not proceeded with.
The claimant argued that if the police had enforced the restraining order on 7 April 2020, Mr McMahon might not have been present on 9 May 2020, potentially preventing Ms O’Brien’s death.
HHJ Sephton KC accepted Louis Browne KC’s submission that the coroner’s decision was rational and within his discretion. It was speculative to assume that Mr McMahon’s arrest on 7 April would have prevented his presence on 9 May.
The judge found that it could not be proved on the balance of probabilities that any failure to arrest Mr McMahon prior to 9th May 2020 contributed more than minimally, negligibly, or trivially to Ms O’Brien’s death.
The application for judicial review was dismissed with the Administrative Court upholding the coroner’s decision on the scope of the inquest and the lack of causative link between the police’s actions and Ms O’Brien’s death.
Louis and David were instructed by David McCullough and Fiona Townsend, Sefton MBC Legal Services Department.
To read the full judgment please click here.
