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16 October 2008
Issue: 7341 / Categories: Features , Personal injury
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Who takes the blame?

Richard Scorer examines cases of death in action

For personal injury lawyers acting for claimants in fatal accident cases, inquests can be a fruitful source of evidence for a civil claim. This is notwithstanding r 42(b) of the Coroners Rules 1984, which states that no inquest verdict should be framed in a way which appears to determine any question of civil liability. The question of whether and to what extent inquest verdicts can trespass on questions of blameworthiness and, consequently civil liability, is a particularly sensitive one in regard to military deaths. There is currently much debate in the media and the armed services themselves about whether the “military covenant” has been broken, with complaints about poor equipment, inferior housing and lack of proper healthcare for service personnel. Defective equipment is a particular concern, and many complaints have been brought into sharper focus by high-profile inquests.

Particularly newsworthy have been the inquests conducted by Andrew Walker, the assistant deputy coroner for Oxfordshire. Walker was appointed in 2006 to conduct military inquests. In the majority of military

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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
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