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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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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

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Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

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Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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