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03 November 2023
Issue: 8047 / Categories: Features , Public
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A plethora of public inquiries

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Nick Wrightson asks searching questions about the nature of public inquiries
  • When should public inquiries be statutory?
  • Statutory inquiries have important advantages over more ad hoc arrangements because of their strong legal powers, and the fact they are typically more open and, consequently, seen as more accountable.
  • There is still a place for non-statutory inquiries.

What will our next public inquiry be about? Do we need to investigate the use of reinforced autoclaved aerated concrete (RAAC) by the public sector before 2000, the HS2 delivery saga, or something else? In August/September alone, new high-profile independent inquiries were announced into the circumstances and handling of entirely innocent miscarriage of justice victim Andrew Malkinson’s case and the context around crimes committed by NHS nurse Lucy Letby. Interestingly, the former is non-statutory whereas the latter was converted to a statutory process.

The major advantage of public inquiries is that they are a bespoke and highly flexible form of investigation, scalable and tailored according to their own terms of reference in each case. Like any well-run investigation,

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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