The Crown Prosecution Service (CPS) could be told to reconsider the case of a dad-of-two who died after an altercation outside a pub after the approval of an application for a judicial review.

Gavin Brown died due to brain damage on this day (April 20) five years ago around a week after a member of the public put him into an MMA-style chokehold outside The Melville in Stretford.

A number of people were arrested at around the time of the incident although the CPS said there was not enough evidence to prosecute any of these people for murder or manslaughter. An inquest at Stockport Coroner's Court came to a conclusion of unlawful killing although the CPS said its position was unchanged.

However it could be told to reconsider the case another time after the approval of an application for a judicial review by the family of Mr Brown.

Mr Justice Michael Fordham ruled there is to be a two-day hearing to see whether its position is lawful or unlawful before an Administrative Court.

It is scheduled for two days in mid-July.

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In a statement the family of Mr Brown said: "In a few weeks' time we will mark the fifth anniversary of Gavin’s death. We will never give up in our fight for the truth.

"The judge's decision to allow permission in our application for judicial review is our vindication."

Solicitor Lucie Boase, of Broudie Jackson Canter, said: "The threshold for obtaining permission in an application for judicial review is high. The statistics show, in the last quarter, 12 per cent reached the permission stage. 

"It is therefore encouraging that the judge considers that there is merit to the arguments we submitted in Gavin's case. We look forward to the hearing in July and to the opportunity to present Gavin's case before the judge."

This article was written by Jack Tooth. To contact him, email or follow @JTRTooth on Twitter.