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31 October 2012 / Hle Blog
Issue: 7536 / Categories: Blogs
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Earthquake ruling

HLE Blogger Simon Hetherington calls for reason over the Italian earthquake jailings

"If you type the word ‘seismologist’ or ‘earthquake’ into any decent search engine, you will get, as you would expect, a mass of hits on science-based websites. This week, you will also get a good number on legally-focused sites. Almost as much as the scientific community, the legal community is shocked by the jailing of Italian scientists last week, for their failure correctly to predict an earthquake which killed about 300 people. In point of fact, the Italian system allows for two appeals before sentence is implemented, so that ‘jailing’ is some way from being a confirmed reality.

Now, there are, of course, nuances in the differences between legal systems which mean that the UK newspapers’ reporting of the convictions ‘for manslaughter’ is simplistic. What we would understand as manslaughter in England is not a gold-standard of legal definition. It is a peculiarly (though not necessarily uniquely) English legal notion; other countries tend to prefer the notion of culpable homicide. The differences are partly linguistic, partly semantic, and partly substantive.

But actually, those nuances and differences, which might slightly misdirect the casual reader, are not important to the scientific or legal communities in this context. Those communities are not concerned with the definition of a crime; the commentators are not arguing that in England the scientists would have been charged with one offence rather than another. The noise being made is really about the fact that criminal process was invoked against the scientists at all, with some fuzzy references to Galileo’s prosecution by the Vatican in the 17th century thrown in...”

To continue reading go to: www.halsburyslawexchange.co.uk

Issue: 7536 / Categories: Blogs
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MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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