Jonathan Hough KC

Jonathan is ranked by Chambers UK and the Legal 500 as a Leading Silk both for public law and for public inquiries/inquests.  He was shortlisted by Legal 500 for Public Law Silk of the Year 2018.  For inquiries and inquests, he is ranked as a Star Individual by Chambers UK and as a Tier 1 Leading Silk by Legal 500.

He has a wide range of experience in public and administrative law, advising and acting for public bodies, companies and private individuals in judicial review claims. His public law experience extends to matters of local government finance, energy regulation, transport regulation, illegal trading, financial and professional regulation.  He has almost unrivalled experience and expertise in the law relating to inquests and public inquiries.  He has appeared in a large number of important inquests and inquiries, both as counsel to the inquiry and as counsel for interested persons/core participants.  He is an editor of Jervis on Coroners (14^th ed.), has acted for every holder of the office of Chief Coroner and has been credited with contributions to multiple Chief Coroner Guidance documents.

Comments in recent editions of the directories include the following:

“He is the person you don’t want to be against because he is so good.”; “Jonathan has great tactical judgment and client handling skills”. (Chambers UK 2024, Administrative & Public Law)

“Jonathan Hough KC is widely commended for his phenomenally deep knowledge of coronial law”; “regularly called upon to handle the most high-profile cases”. (Chambers UK 2024, Inquests & Inquiries)

“Jonathan is completely unflappable.  He is extremely user-friendly and a rare combination of robustness and empathy.  He has an incredible eye for detail and leaves no stone unturned for clients.” (Legal 500 Bar 2024, Administrative & Public Law)

“Jonathan has a laser-like focus on every aspect of the case.  He is tremendously easy to work with, combining a formidable intellect with tactical nous and approachability.  On his feet he commands the room, and the ear of the judge, with a calm and measured gravitas.” (Legal 500 Bar 2024, Inquests and Inquiries)

“He is measured and authoritative in his advocacy and meticulous in his preparation.  When he speaks, he has the confidence of the court.  He is a hugely reassuring presence to have in your corner.” (Legal 500 Bar 2023, Administrative & Public Law)

“Jonathan is the go-to person on matters concerning inquests and inquiries.  He knows the law inside-out, and is a leader in the field.  He gets to grips with the issues quickly and has the amazing capacity to absorb every detail, no matter how small.  His preparation of cases is supremely thorough and you have absolute confidence that when he is on his feet he will not miss a beat.” (Legal 500 Bar 2023, Inquests and Inquiries)

“Renowned for his knowledge of public law and human rights issues that overlap with coronial law.”  (Chambers UK 2023, Administrative & Public Law)

“Widely commended for his phenomenally deep knowledge of coronial law”; “regularly called upon to handle the most high-profile cases”; “knows the law inside out and you have absolute confidence in his judgment and ability.” (Chambers UK 2023, Inquests & Inquiries)

“Astonishing advocate and a delight to work with.”  “He is measured and authoritative in his court style.”  (Chambers UK 2022, Administrative & Public Law)

“He is a very good tactician and very good in defending his clients’ interests.”  “A real star who is very diplomatic but forceful when needed.”  (Chambers UK 2022, Inquests & Public Inquiries)

“Jonathan has a razor-sharp focus on the key legal as well as practical issues.  Jonathan gives you confidence that he is across all of the detail while maintaining focus on the bigger picture for the organization.”  (Legal 500 UK Bar 2022, Administrative and Public Law)

“Supremely intelligent, has impeccable judgment, yet personable and with a human touch.  You want him on your team – a calm, authoritative figure who has the respect of his team and the court.  Unflappable and sees through problems without hesitation.”  (Legal 500 UK Bar 2022, Inquests and Inquiries)

Recent and ongoing public law cases include the following:

• R (Morahan) v HM Asst Coroner for West London [2023] KB 81: Appeal concerning whether the state’s procedural obligation under Article 2, ECHR, was automatically engaged or engaged on the basis of arguable breach of operational duties, where a voluntary mental patient died through a drug overdose in her home. Jonathan acted for the coroner, whose ruling was endorsed by the Court of Appeal.
• R (ScottishPower Energy Retail Ltd) v The Gas and Electricity Markets Authority (2022-23): A judicial review claim in which the claimant energy company sought to challenge a decision of the defendant regulator on changes to the methodology for setting the retail energy price cap. Jonathan acted for the defendant.
• R (Options UK Personal Pensions LLP) v Financial Ombudsman Service Ltd [2022] EWHC 3325 (Admin) and [2024] EWCA Civ 541: Judicial review proceedings concerning the approach of the FOS to decisions on complaints against SIPP pension operators and issues of pre-contract due diligence regarding introducers and investments. The Court of Appeal heard the judicial review claim on grounds of public importance.
• Dove v HM Asst Coroner for Teesside [2021] ACD 121, [2023] EWCA Civ 289: Statutory review claim in relation to an inquest into death by suicide of a woman with a personality disorder whose state benefits had been wrongly withdrawn. The case raised issues as to Article 2 duties owed by state benefits agencies. Jonathan acted for the Coroner in the Divisional Court and Court of Appeal.
• R (Boyce) v HM Senior Coroner for Teesside [2022] 4 WLR 15: A judicial review claim arising out of an inquest into the death by suicide of a child in care. The case addressed whether the state’s procedural obligation under Article 2, ECHR, was automatically engaged or was engaged due to deficiencies in the care system.  The court also dealt with the effect of Article 2 engagement on the scope of an inquest.  Jonathan acted for the coroner, whose decisions were upheld.
• R (Grice) v HM Senior Coroner for Brighton [2021] ACD 33: Jonathan appeared for the coroner in this judicial review challenge to her decision not to resume an inquest into a high-profile homicide of a young woman by her former boyfriend. The challenge was rejected.
• R (Omooba) v Secretary of State for Health and Social Care (2020-21): A major challenge to lockdown restrictions applying to places of worship during the Covid-19 pandemic. Jonathan acted for a group of religious leaders taking issue with regulations based on Article 9 rights to freedom of religious practice and based on breach of the public law duty of inquiry.  The claim was discontinued on terms after lockdown restrictions were removed.
• R (Doctors Association UK) v Secretary of State for Health and Social Care (2020-21): A challenge by which the claimant organization sought to require a public inquiry to be set up into the handling of the Covid-19 pandemic by the central government. Jonathan acted for the Chief Coroner of England and Wales, who was an interested party by virtue of guidance he had produced on inquests into deaths from the virus.
• Chief Constable of West Yorkshire v Dyer [2021] 1 WLR 1233 (CA) and [2020] ACD 24 (Admin Ct): A judicial review challenge raising important issues over anonymity and special measures for police officers in the context of a death of a black detainee following restraint. Jonathan acted for the Defendant, whose decision was upheld on appeal.
• R (Maughan) v HM Senior Coroner for Oxfordshire [2021] AC 454 (SC) and [2019] QB 1218 (CA): A landmark Supreme Court case in which it was decided that the civil standard of proof should apply to all inquest conclusions, including suicide and unlawful killing. Jonathan acted for the Chief Coroner as an intervenor, and his submissions were cited extensively in both the Court of Appeal and Supreme Court.
• R (Lee) v HM Asst Coroner for Sunderland [2020] ACD 1: A judicial review challenge concerning a decision by a coroner that the Article 2 procedural obligation was not engaged in a case concerning death by suicide of a person subject to a mental health care plan but living in the community.
• R (Adath Yisroel Burial Society) v HM Senior Coroner for Inner North London [2019] QB 251: An important decision on whether and to what extent a coroner may prioritise handling of deaths in order to ensure the release of bodies for early burial on religious grounds. Jonathan acted for the Chief Coroner, who was an interested party and whose submissions were accepted.
• R (Ferreira) v HM Senior Coroner for Inner South London [2018] QB 487 (CA) and [2016] 1 WLR 2385 (Div Ct): A judicial review claim which resolved the important issue of whether a person without mental capacity receiving life-saving treatment in an ICU (and subject to some restraint) should be regarded as deprived of liberty for the purposes of Article 5 of the ECHR. Jonathan acted for the coroner, whose decision was upheld.
• R (T) v West Yorkshire (Western Area) Senior Coroner (2016-18): A judicial review claim raising issues of (a) whether a coroner has jurisdiction to hold an inquest to determine whether an infant was still-born and (b) anonymity for a young woman whose infant died shortly after birth. Jonathan acted for the coroner, whose rulings were upheld.
• McDonnell v HM Asst Coroner for West London [2017] ACD 1: A statutory review claim in which a coroner’s decision on complex medical issues was challenged. Jonathan acted for the coroner, whose decision was upheld.
• R (Green Transport Co Ltd) v West Midlands Integrated Transport Authority [2013] EWHC 2526 (Admin): A judicial review challenge to regulatory decisions concerning provision and funding of bus services for school children in the West Midlands.
• Worcestershire CC v HM Coroner for Worcestershire [2013] PTSR D41: An important decision on whether a coroner is entitled to obtain reports from the Serious Case Review carried out by a local authority into the death of a child in care. Jonathan acted for the coroner, whose application was successful. The case also reviewed the law concerning disclosure by public authorities to coroners and gave rise to guidance from the Chief Coroner.

Overall, Jonathan has appeared in about 50 reported judicial and statutory review cases in the Administrative Court and Court of Appeal.  He appeared for the successful intervener insurers in Wilson v First County Trust [2004] AC 816, the leading case on the compatibility of domestic consumer credit law with the ECHR.  He also appeared in the case which decided that domestic criminal law of self-defence is compatible with Article 2 of the ECHR: R (Bennett) v HM Coroner for Inner South London [2006] HRLR 22.

Recent public inquiry and major inquest work includes the following:

• Inquests arising from the Leicester City FC helicopter crash of 2018 (ongoing): Leading counsel to the inquiry,
• Post Office Horizon IT Inquiry (ongoing): Leading counsel for solicitors who acted for the Post Office in group litigation and who are witnesses in the Inquiry.
• Inquest arising from the death of Sean Fitzgerald (fatal shooting by police in operation against organized criminal gang in the West Midlands) (ongoing): Leading counsel to the inquiry, acting for Sir John Saunders (judge coroner).
• Inquest arising from the Streatham Hill Terrorist Attack (2021): Leading counsel to the inquiry, appointed by Mr Justice Hilliard.
• Inquests arising from the Fishmongers’ Hall Terrorist Attack (2021): Leading counsel to the inquiry, appointed by the Recorder of London, HH Judge Lucraft KC.
• Inquests arising from the sinking of the Bugaled Breizh trawler (2021): Leading counsel to the inquiry, appointed by HH Judge Lickley KC.
• Independent Inquiry into Child Sexual Abuse (2016-2022): Leading counsel for Royal & Sun Alliance in the Accountability and Reparations Investigation.
• Renewable Heat Incentives Inquiry (Northern Ireland) (2018-20): Leading counsel for Ofgem.
• Grenfell Tower Inquiry (ongoing): Advising in relation to insurance coverage of core participants.
• Inquests arising from the London Bridge and Borough Market Terrorist Attack (2019): Leading counsel to the inquiry, appointed by the Chief Coroner.
• Inquests arising from the Westminster Bridge and Palace of Westminster Terrorist Attack (2018): Leading counsel to the inquiry, appointed by the Chief Coroner.
• Inquests arising from the Hillsborough Stadium Disaster (2013-2016): Leading counsel to the inquiry (alongside Christina Lambert KC), appointed by Lord Justice Goldring.

Jonathan also acted as counsel to the inquiry in the inquests concerning: the death of Princess Diana (Lord Justice Scott Baker); the shooting of Jean-Charles de Menezes (Sir Michael Wright); the Potters Bar Rail Disaster (HH Judge Baker KC): the Grayrigg derailment; the explosion on HMS Tireless (nuclear submarine); and the death of PC Ian Terry in police firearms training.  He appeared for the MOD in the Bloody Sunday Inquiry.