‘The Scouts Inquest’ Judicial Review 

Anna Chestnutt, led by Sophie Cartwright KC, successfully appeared on behalf of HM Assistant Coroner in a judicial review concerning the widely known ‘Scouts Inquest.’

Both barristers were appointed as Counsel to the Inquest in the court below, in an inquest that spanned 32 days at the Civil Justice Centre, Manchester, with 10 ‘Interested Persons’ represented.

The High Court challenge was brought before Mr Justice Fordham, who refused both Claimant’s claims on all grounds of judicial review.

The jury’s ultimate conclusion was, “Unlawful killing by the Explorer Scout Leader and Assistant Explorer Scout Leader contributed to by the Neglect of the Scouts Association.”

This case examined the tragic death of Ben Leonard, who was aged 16 when he fell from a cliff during a Scouts expedition in 2018.

The inquest considered highly complex facts and law, with evidence presented to the jury over 28 days.

The High Court found:

•  It was lawful for the coronial conclusion of unlawful killing to be left to the jury;
•  The Coroner lawfully directed himself and the jury on the law;
•  The Coroner’s rulings on admissibility of evidence and his summing up of the facts to the jury was lawful;
•  The Coroner’s written legal directions and route to conclusion including on gross negligence manslaughter were lawful;
•  It was lawful for the jury to refer to the roles of the Scout Leaders in the Record of Inquest.

 

This important authority addresses significant areas of coronial law and will undoubtedly influence coroners, judges, inquest practitioners, health & safety lawyers, activities providers and regulatory agencies, particularly in cases where gross negligence manslaughter is being considered.

The judgment of Mr Justice Fordham can be accessed here, and the Prevention of Future Death Reports to which it refers can be accessed here: https://www.judiciary.uk/prevention-of-future-death-reports/benjamin-leonard-prevention-of-future-deaths-report

For more information, or to instruct Anna Chestnutt, please contact the clerking team.