In Tuesday’s ruling, Mr Justice Smith said that while Mrs McKay’s murder was an “abhorrent crime”, his role was to consider the case “objectively and dispassionately”.
“The claimants have not established that such relief is needed now, or why the usual pre-trial procedures should not be observed,” he said.
“I was not persuaded that even if a survey was carried out, that it would be conclusive one way or the other, that it would produce incontrovertible data.”
He said that he would have also refused the injunction on the basis of “egregious conduct” towards Ms Higson from Mrs McKay’s family, including her grandson, Mark Dyer, adding that this included “threats, deception, dishonesty, lies, bullying and harassment”.
Benjamin Wood, barrister for two of Mrs McKay’s children, Ian McKay and Dianne Levinson, said the family “offer their sincere apologies for the distress and inconvenience caused in relation to this deeply personal and sensitive matter”.