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15 July 2022 / David Regan
Issue: 7987 / Categories: Features , Procedure & practice
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Judge, jury & coroner

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Reform is needed when juries are summoned for inquests, says David Regan
  • The role of juries in inquests into deaths occurring in police involvement or notifiable accident, poisoning or disease.
  • Significant delays to coronial system due to the pandemic impacts investigations and families who are grieving the loss of a loved one.
  • Using a jury can alter the management of the inquest and its outcome.

The use of juries to hear inquests into deaths occurring in state detention or after relevant police involvement is an important constitutional safeguard, ensuring that conclusions are reached independently of the state and are seen to be so. It is a less well-known feature of the law that a jury is also mandated in cases of notifiable accident, poisoning or disease. The rationale for this is not easy to discern. In recent years, the classes of accident which have been made notifiable have increased with little thought to the effect upon inquests, compounding delays within the coronial system and altering the character of the investigation

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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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