Challenging a Coroner’s Decision on the Scope of an Inquest: R (on the Application of O’Brien) v HM Assistant Coroner for Sefton, Knowsley and St Helens [2026] EWCA Civ 499 – 2 Hare Court
‘Linda O’Brien died on 9 May 2020 having fallen from the window of her flat. Alan McMahon, her former partner, was inside at the time. A five-year restraining order prohibited him from contacting her or entering her building. A month earlier, on 7 April 2020, four Merseyside Police officers attended the flat after a neighbour reported screaming. They found McMahon there. None was aware of the restraining order, and each later accepted that, had they known of it, they would have arrested him. What the PNC showed that night was never established. No evidence about it was before either court, though the Court of Appeal considered there was reason to suspect the order was there to be seen [12] [49].’
2 Hare Court, 13th October 2026
Source: www.2harecourt.com

