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16 October 2008
Issue: 7341 / Categories: Features , Personal injury
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Who takes the blame?

Richard Scorer examines cases of death in action

For personal injury lawyers acting for claimants in fatal accident cases, inquests can be a fruitful source of evidence for a civil claim. This is notwithstanding r 42(b) of the Coroners Rules 1984, which states that no inquest verdict should be framed in a way which appears to determine any question of civil liability. The question of whether and to what extent inquest verdicts can trespass on questions of blameworthiness and, consequently civil liability, is a particularly sensitive one in regard to military deaths. There is currently much debate in the media and the armed services themselves about whether the “military covenant” has been broken, with complaints about poor equipment, inferior housing and lack of proper healthcare for service personnel. Defective equipment is a particular concern, and many complaints have been brought into sharper focus by high-profile inquests.

Particularly newsworthy have been the inquests conducted by Andrew Walker, the assistant deputy coroner for Oxfordshire. Walker was appointed in 2006 to conduct military inquests. In the majority of military

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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