The family of a Stretford dad-of-two who died after being put in a “chokehold” outside a pub are seeking a judicial review against the Crown Prosecution Service (CPS) as their fight for justice continues.

Gavin Brown died of brain damage due to a cardiac arrest eight days after a member of the public put him in a six-minute, MMA-style “chokehold” outside The Melville on Barton Road on April 20, 2019.

Four people were arrested and investigated at the time, although the CPS said there was not enough evidence to make charges of murder or manslaughter.

At the end of a two-week inquest at Stockport Coroner's Court, overseen by coroner Andrew Bridgman, a jury came to a conclusion of unlawful killing.

In light of the conclusion of unlawful killing, Mr Bridgman made a referral to Greater Manchester Police for a review, who in turn made a referral to the CPS for a reconsideration.

But in October 2022, it again said there was not enough evidence, an outcome with which Mr Brown's loved ones 'cannot come to terms'.

At the request of the family through the Victims’ Right to Review scheme, the CPS conducted an independent further review of the evidence, but in May 2023, it concluded that there is insufficient evidence to charge.

Now Gavin’s bereaved family have sought legal advice on pursuing a judicial review challenge of the CPS’s decision.

Gavin’s family said: “What little faith we had in the criminal justice system prior to Gavin’s tragic death has been further eroded by the CPS’s decision not to prosecute.

“Nobody has ever been held responsible for Gavin’s death and we are not satisfied with the reasoning that we have been given by the CPS for this.

“We hope that the legal advice we have sought from a specialist barrister will be positive. Bringing a claim for judicial review is a significant step and not something we would do lightly; however, we are prepared to do whatever it takes to achieve justice for Gavin.”

Gavin’s family are represented by Lucie Boase of Broudie Jackson Canter solicitors, who said: “Gavin did not spontaneously lose consciousness outside the Melville Pub on April 12, 2019, he was placed in a “chokehold” which caused him to enter cardiac arrest and sadly later die.

“The decision not to take further action against those whose actions and inactions precipitated Gavin’s death appears to send the message that such behaviour is acceptable, and that those who cause death and serious injury to others do not have to face the consequences of their actions.”

If the family go on to issue proceedings for judicial review the lawfulness of the CPS decision will be scrutinised by the Administrative Court.

If it is satisfied that the decision was unlawful, the court will quash the decision and the CPS will be ordered to re-make it in a lawful manner.