header-logo header-logo

04 March 2011 / Louise Smail , Gerard Forlin KC
Issue: 7455 / Categories: Opinion
printer mail-detail

Come in number 43

Since 1194 when the office of coroner was established, the role and significance of coroners has increased.

Gerard Forlin QC & Louise Smail assess the impact of Rule 43

Since 1194 when the office of coroner was established, the role and significance of coroners has increased. The coroner’s role is an independent judicial officer who investigates sudden, violent, or unnatural death. The verdict must be given in such a way that it doesn’t appear to determine any question of criminal or civil liability. An inquest should not take place until the police have confirmed that there are to be no prosecutions.

However, if in the course of the inquest evidence arises which suggests there ought to be a prosecution, then the coroner is able to refer the matter back to the police and/or director of public prosecutions to reconsider the matter. If there is an unlawful killing verdict, the matter is automatically referred back to the police. In relation to health and safety prosecutions these normally, but not always, are brought

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
back-to-top-scroll