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Searching for answers

16 September 2011 / Charles Brasted
Issue: 7481 / Categories: Opinion , Public
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Charles Brasted explains how public inquiries have become the universal panacea for controversy

Despite the introduction of the Inquiries Act 2005 (IA 2005), which sought to put public inquiries on a consistent statutory footing, questions remain as to how they should operate and how they interact with other on-going legal proceedings. With the frequency and scope of inquiries growing, these questions are becoming increasingly important.

Recently, amid much public, political, and press noise about the use of phone hacking by newspapers, David Cameron announced a total of three inquiries, although a number of criminal and civil proceedings were already afoot, as well as internal inquiries, Parliamentary Select Committee hearings, parliamentary debates, and even an FBI investigation.

While IA 2005 was intended to consolidate provisions and ensure greater consistency and clarity on the legal function of public inquiries, uncertainties remain. Not all inquiries are governed by IA 2005, of note being the current Chilcot inquiry and the Archer inquiry into the supply of contaminated blood products. Even where IA 2005 is applicable, it does

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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