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Who takes the blame?

16 October 2008
Issue: 7341 / Categories: Features , Personal injury
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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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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