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24 April 2008 / John Cooper KC
Issue: 7318 / Categories: Opinion , Legal services , Procedure & practice , Profession
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Establishing the truth can take time, says John Cooper

The NLJ Column

Sometimes, the process of justice and the quest for truth is not the slick, seamless process that many would find preferable. In any fact-finding tribunal, the presentation and testing of evidence requires a disciplined, but rigorous, application, how else can a court distil the cogent and dismiss the chaff?

Neither is it controversial to state that the perception of justice is also central to the process and integral to this is open and thorough examination of the issues, for it is just as important to test a contention and find it wanting, as it is to sustain it. It is with these two fundamentals in mind, that we must consider the recent inquest into the deaths of Diana, Princess of Wales and Dodi Al-Fayed.

 

Causation

Critical to any inquest is the question “how” the deceased came about their death. This does not mean a simple medical inquiry into the cause of death, but involves a conscientious examination of causation.

The controversy and speculation surrounding the so-called

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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