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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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Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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