The applicants sought an order directing the Commissioner of the Cornwall Public Inquiry to state a case to the Divisional Court regarding whether the proposed evidence of two witnesses fell within the Inquiry's Terms of Reference.
The evidence concerned a sexual assault reported contemporaneously, which the applicants argued did not constitute 'historical abuse' under the mandate.
The majority of the Divisional Court dismissed the application, finding that the Commissioner had not exceeded his jurisdiction and that the evidence was reasonably relevant to the Inquiry's mandate to examine the institutional response to allegations of abuse.
A dissenting opinion would have granted the application.
