Louis Browne KC appears on behalf of Coroner in Article 2 Judicial Review challenge

July 28, 2025

Louis Browne KC from Exchange Chambers has acted for HM Assistant Coroner for Sefton, Knowsley and St Helens (who adopted a neutral stance in proceedings) in an important Article 2 Judicial Review challenge.

R (Ferguson) v HM Assistant Coroner for Sefton, Knowsley and St Helens [2025] EWHC 1901 (Admin) concerned a challenge by David Ferguson, the brother of James Joseph Farley, who died by suicide on 11 April 2023.

The Coroner conducting Mr Farley’s inquest had determined that the enhanced investigative duty under Article 2 of the European Convention on Human Rights (ECHR) was not engaged and that the inquest would be heard without a jury because section 7(2)(b) of the Coroners and Justice Act 2009 (“the CJA”) did not apply.

Mr Ferguson challenged these decisions through judicial review.

In a detailed judgment, Mrs Justice Hill quashed the Coroner’s decisions with respect to Article 2 and the summoning of a jury while providing guidance on the various causation tests relevant to different aspects of the Coronial process. ​

Louis Browne KC was instructed by Sefton MBC Legal Services Department.

To read the full judgment please click here.