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Pre Inquest Review (PIR) hearings—checklist

Pre Inquest Review (PIR) hearings—checklist It has become commonplace to hold a pre inquest review hearing (PIR) or several if deemed necessary to ensure the case is managed efficiently and to resolve an evidential issues which may occur. Rule 6 of The Coroners (Inquests) Rules 2013 (CIR 2013) gives the coroner statutory authority to hold a PIR 'at any time during the course of an investigation'. If the coroner does not take the initiative to arrange one, those representing the interested persons (IPs) should call for a PIR to be listed. The Chief Coroner’s guidance states that PIRs should be held in complex investigations. The function of a PIR is comparable to a Case Management Conference in civil litigation or a Plea and Trial Preparation Hearing in the Crown Court. For information on preparing for an inquest, see Practice Note: How to prepare for an inquest. PIRs should be held in public and details of the PIR should be published in advance on the coroner/local authority website to...

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Involuntary manslaughter

Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to manslaughter because of one of the three special defences. Involuntary manslaughter refers to those types of manslaughter which can be charged in their own right and where the accused lacks the mental element for murder ie the intention to kill or cause grievous bodily harm (GBH), although equally they can result from an indictment for murder where the prosecution fail to prove the mental element. See: R v Taylor (1834) 2 Lew CC 215 (not reported by ÀÏ˾»úÎçÒ¹¸£Àû®). For further information on voluntary manslaughter and murder, see Practice Notes: Voluntary manslaughter and Murder.There are two classes of involuntary manslaughter where a defendant:•kills another by an unlawful act which was likely to cause bodily harm (known as either unlawful act manslaughter or constructive manslaughter), or•kills another by gross negligence (manslaughter by gross negligence)Unlawful act manslaughterIn order to prove manslaughter by...

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide pact). Voluntary manslaughter is not an offence a defendant can be indicted for, but is a verdict which can result from an initial indictment for murder. The actual verdict will simply be 'manslaughter' without the label of 'voluntary'. The special defences were amended by the sections 52–57 of the Coroners and Justice Act 2009 (CJA 2009).Manslaughter by reason of diminished responsibilityThe special defence of diminished responsibility was amended by CJA 2009, s 52 which changed the definition of the partial defence of diminished responsibility and applies to defendants charged with murder where the acts or omissions resulting in the death of the victim took place on or after 4 October 2010. For offences committed before this date the old law will still apply. Section 2 of the Homicide...

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Is there any case law on suing a general partnership formed under the Partnership Act 1890 at the time of the negligence which is now a limited company?

Is there any case law on suing a general partnership formed under the Partnership Act 1890 at the time of the negligence which is now a limited company? Parties to a claim The general rule of law is that any person with legal personality, and capable of being identified, may sue or be sued in the English courts, but that, whilst this rule remains paramount, the exceptions to it are extensive and reflect the full range of diversities which exist between different persons or bodies and the legal rights and duties attaching to each of them. See commentary: Parties generally: Halsbury's Laws of England. As from the date of a company's incorporation, the subscribers of the memorandum of association, together with such other persons as may from time to time become members of the company, are a body corporate by the name stated in the certificate of incorporation. See commentary: Company's name in litigation: Halsbury's Laws of England. Once a company is incorporated, it becomes a...

Can a council or its members or officers be personally responsible where there is a breach of a statutory duty?

Can a council or its members or officers be personally responsible where there is a breach of a statutory duty? Local authority In general terms, a local authority is subject to the ordinary principles of civil law and may be convicted of a criminal offence.  For an actionable breach of statutory duty claim to brought against a local authority, in the absence of express provision giving rise to a claim for damages, a claimant has to establish the following: • parliament imposed a statutory duty for a limited class of the public • breach of the duty should give rise to a private law action for damages Without a specific statutory regime for remedies such as prosecution, penalties or compensation, a common law action for damages may be difficult for breach of statutory duty although a civil remedy may still be possible. You may wish to consider the cases of X (Minors) v Bedfordshire County Council and Phelps v Hillingdon London Borough Council for...

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Corporate Crime weekly highlights—12 December 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the SFO’s call for compensation for whistleblowers in economic crime cases to aid their investigations. Also included is news of updated guidances from the FCDO and OFSI to reflect changes to OFSI enforcement powers, of the CMA consulting on draft consumer protection enforcement and unfair commercial practices guidances, of Spotlight on Corruption’s analysis of the NCA’s first Unexplained Wealth Order obtained last summer and of the SFO securing an additional 13-month prison sentence against already imprisoned Dr Gerald Martin Smith for obstructing the confiscation of his assets. All this, and more, in this week’s Corporate Crime highlights.

Corporate Crime weekly highlights—5 December 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the recently announced Independent Sentencing Review and the outcomes that can be expected from it, of the FCA’s updated internal whistleblowing policy following staff complaints and of some of the unique learning points from the failure to prevent fraud guidance and the likelihood of increased enforcement activity as a result of the offence. Also included is news of the new Supreme Court Rules and Practice Directions along with the launch of a new online case management system, of the EA’s guidance on appealing regulatory decisions and of a company being fined £1.6m for health and safety breaches. All this, and more, in this week’s Corporate Crime highlights.