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16 July 2009 / Juliam Samiloff
Issue: 7378 / Categories: Features
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Cleaning out the closet

Sunlight is the best of disinfectants,
or is it? asks Julian Samiloff

From the prime minister being pressured into creating a public inquiry into the war in Iraq, to the 30-year struggle to expose the suppressed facts of the alleged killing of Blaire Peach by police officers in Southall in 1979, the quote from Louis Brandeis—US Supreme Court Justice, still manifests a truth—“Sunlight”, he stated, “is said to be the best of disinfectants”—“publicity is justly commended as a remedy for social, legal and industrial injustice”.
Whether it be rail disasters—Ladbroke Grove—NHS and social services failures—Climbie and Bristol Royal Infirmary—or  even the Shipman Inquiry—governmental sponsored inquiries—held in public or in private are, in my view, an essential part of our society’s democratic and rule of law obligation to investigate particular events of significant public concern. Inquiries can ensure that lessons are learned by making recommendations for change, give voice to those who have suffered—so aiding social and individual psychological healing and—I would argue—provide fulfilment of the notion that those responsible are held to account.

The key

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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