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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 deaths, the bodies are fl own back to RAF Brize

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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