The family of Ryan Passey took an important step forward in their long-running pursuit of justice on 3 November 2026, when the High Court in Birmingham granted permission for their judicial review challenge to proceed to a substantive hearing.
Background to Ryan’s case
Ryan was just 24 years old when he was fatally stabbed during an incident at Chicago’s nightclub in Stourbridge on 6 August 2017. Kobe Murray admitted stabbing Ryan but maintained that he had acted in self-defence. Following a trial at Birmingham Crown Court in February 2018, he was acquitted by the jury of both murder and manslaughter.
Ryan’s family have continued to pursue answers about the circumstances surrounding his death. Their concerns have included the evidence available at the original trial and information that emerged following further scrutiny of the case.
An independent review by West Yorkshire Police raised concerns about aspects of the evidence, following which West Midlands Police reopened its investigation. Further evidence subsequently came to light and senior prosecutors sought the consent of the Director of Public Prosecutions (DPP) to pursue a possible retrial under the double jeopardy rules. These allow an acquittal for a serious offence such as murder to be reconsidered in exceptional circumstances where there is new and compelling evidence.
Ryan’s family also previously pursued separate civil proceedings arising from his death, in which the civil court found that Ryan had been unlawfully killed.
The DPP ultimately declined to give consent for the double jeopardy process to proceed. The family are now challenging that decision and how it was reached through a judicial review.
The family are not asking the High Court itself to determine criminal guilt or innocence. Rather, the challenge concerns whether the DPP lawfully considered the relevant material, including the findings of the subsequent police review and the significance of the fresh evidence, when deciding not to take the case further.
High Court grants permission for judicial review
The family’s application for judicial review was initially refused on the papers. They then exercised their right to have the application reconsidered at an oral hearing before the High Court in Birmingham on 3 November.
Following submissions lasting more than an hour, HHJ Kolinsky granted permission for the judicial review to proceed, finding that there was an arguable case which warranted consideration at a substantive hearing.
The family were represented at today’s hearing by Matthew Stanbury of Park Square Barristers, instructed by Sarah Magson and Sarah Finney of Ison Harrison Solicitors.
The decision does not determine the ultimate outcome of the judicial review. It does, however, mean that the family’s challenge to the DPP’s decision will now proceed and receive fuller consideration by the High Court.
Sarah Magson, Partner at Ison Harrison, said:
“Ryan’s family are delighted that permission has been granted today. They have fought for answers and justice for Ryan for more than nine years, and today represents an important step forward.
“We recognise that permission is only one stage of the judicial review process and that the substantive issues remain to be determined. However, the Court has concluded that there is at least an arguable case which warrants further consideration.
“For Ryan’s family, this is another step closer to having their concerns properly considered, seeking justice for Ryan and, ultimately, getting to the truth of what happened to him.”
The substantive judicial review hearing will now be listed by the High Court, at which point the legal challenge to the DPP’s decision will be considered in full.
Ison Harrison will continue to represent and support Ryan’s family as the proceedings progress.
