Richard III’s descendants are challenging the governments decision to allow the remains of the former king to be buried in Leicester, close to where they were found in a car park last year.

His father may be known as Richard of York – the same one who gave battle in vain – but Richard III will, under current legislation, be reburied in Leicester after his remains were recovered in the area last year.

Leicester City Council has already started building a new £4m visitor centre and has picked out Leicester Cathedral to house the remains.

But all that could change. A full judicial review of the justice secretary’s decision to allow Richard III’s skeleton to be buried in Leicester will be heard at the high court on Thursday, after the caseto further discussion, but will not automatically mean that the monarch is reinterred in York.

During the two day hearing, the alliance will hope to persuade the court that a consultation should be undertaken for such a significant – and unprecedented – situation.

Mr Justice Haddon-Cave, the judge who gave permission for the challenge, has previously called on both parties to avoid starting “War of the Roses part two”: a “unseemly, undignified and unedifying legal tussle”. He has recommended the issue be brought to an independent panel of experts.

Mr Howarth said the alliance agreed with the judge, and blamed the Leicester parties for bringing the decision to court.

The University of Leicester started to excavate a city council carpark in the autumn of 2012, after being granted a section 25 licence