header-logo header-logo

Establishing the truth can take time, says John Cooper

24 April 2008 / John Cooper KC
Issue: 7318 / Categories: Opinion , Legal services , Procedure & practice , Profession
printer mail-detail

The NLJ Column

Sometimes, the process of justice and the quest for truth is not the slick, seamless process that many would find preferable. In any fact-finding tribunal, the presentation and testing of evidence requires a disciplined, but rigorous, application, how else can a court distil the cogent and dismiss the chaff?

Neither is it controversial to state that the perception of justice is also central to the process and integral to this is open and thorough examination of the issues, for it is just as important to test a contention and find it wanting, as it is to sustain it. It is with these two fundamentals in mind, that we must consider the recent inquest into the deaths of Diana, Princess of Wales and Dodi Al-Fayed.

 

Causation

Critical to any inquest is the question “how” the deceased came about their death. This does not mean a simple medical inquiry into the cause of death, but involves a conscientious examination of causation.

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Lawyers can no longer afford to ignore the metaverse, says Jacqueline Watts of Allin1 Advisory in this week's NLJ. Far from being a passing tech fad, virtual platforms like Roblox host thriving economies and social interactions, raising real legal issues
back-to-top-scroll