header-logo header-logo

02 September 2020
Issue: 7900 / Categories: Legal News , Profession , Human rights , Criminal
printer mail-detail

Time to reform public inquiries, say JUSTICE

Inquests and inquiries into catastrophic events are beset with costly delay and duplication, pay insufficient heed to the requirements of those affected and often leave bereaved people and survivors feeling ‘confused, betrayed and re-traumatised’

That’s the conclusion of a major report by a working party of legal rights group JUSTICE, ‘When things go wrong: the response of the justice system’, published last week. It looks at the erosion of public confidence in the justice system’s response to major incidents causing multiple fatalities and makes 54 recommendations for change.

JUSTICE’s director, Andrea Coomber said: ‘Our work began before the pandemic, but the current coronavirus crisis reinforces the importance and timeliness of this project.’

One flaw that the 130-page report highlights is the lack of formal implementation and oversight following the end of an inquest or inquiry, which makes the likelihood of future prevention limited.

It proposes creating a Central Inquiries Unit within government, a full-time Chief Coroner and a special procedure inquest for investigating mass fatalities as well as single deaths linked by systemic failure. The special procedure inquest would have powers to consider closed material and make specific recommendations to prevent recurrence.

The working party, which spent a year on the report, calls in the report for greater collaborations between agencies, which would reduce the number of times that bereaved people and survivors are asked to recount traumatic events. It also wants a more structured process for appointing inquiry chairs and panels, setting terms of reference and providing information.

Chair of the working party, Sir Robert Owen, said: ‘A system cannot provide justice if its processes exacerbate the grief and trauma of its participants.

‘We think that this set of proposals, if implemented, will provide a cohesive and cost-effective system, with the prospect of a reduction in duplication and delay, and which in turn should serve to increase public trust.’

Issue: 7900 / Categories: Legal News , Profession , Human rights , Criminal
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll