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26 February 2009
Categories: Legal News , Public , Human rights , Constitutional law
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Secrecy inquest clause in Coroners Bill re-ignites debate

Essential that principle of open justice is defended 

Controversial plans to hold secret inquests on national security grounds have been revived as part of wide sweeping reforms ushered in by the Coroners and Justice Bill. Clause 11 of the Bill, tabled in the Commons by the Ministry of Justice last week, provides powers for the secretary of state to certify an inquest closed from public scrutiny where it concerns national security interests; the relationship between the UK and another country; the prevention and detection of crime; the safety of a witness; or to prevent harm to the public interest. Certified inquests will be heard by a nominated high court judge, and the original decision could be subject to judicial review. The plans had previously been dropped from the Bill. According to legal campaign group Justice, the clause could have stopped a public inquest into Jean Charles de Menezes’ death, or into the deaths of British soldiers as a result of equipment shortages. The Bar Council warns the Bill, as presently drafted,

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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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