Inquiries have increasingly become an established method of getting to the bottom of public concern about what went wrong and why with our institutions and organisations. Our team of specialist solicitors can guide you through all the stages, whether it’s a Fatal Accident Inquiry or a Public Inquiry.
We’re at the forefront of representing organisations, individuals, and public figures at inquiries both in Scotland and across the UK. Our Inquiries Unit deals with Fatal Accident Inquiries and Public Inquiries and our solicitors have taken part in many of the country’s most high profile inquiries. Our specialist team has real depth as it can also draw on the necessary expertise from across the firm’s regulatory, financial, crime, commercial disputes and medical negligence teams whenever that’s needed. We guide individuals and organisations through what can be the long, sometimes difficult and often stressful process of being involved in an Inquiry, whether as an organisation with responsibility for events or as a key individual from an organisation or as an individual seeking answers. We’ll help navigate:
Fatal Accident Inquiry – these inquiries are held in the sheriff court in the area of Scotland where the death in question took place. They are held under the Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 at the instance of the Crown. Some Fatal Accident Inquiries are mandatory, for instance, deaths in custody and deaths in the workplace. Others, such as unexpected medical deaths, are held in the public interest, where it is considered there are lessons which may need to be learned. The Procurator Fiscal represents the Crown’s interests at the Inquiry and will call witnesses and, where relevant, instruct experts. The court can compel the production of documents. The Procurator Fiscal can instruct the taking of witness statements by the police. Witnesses who may be the subject of criticism and also the family of the person who died may be represented at the Inquiry. The sheriff will make a determination at the conclusion of the Inquiry on findings, including the cause of the death, any failures in the system of working, any precautions which might have been taken and can make recommendations as to changes which are to be made. While the Inquiry is not there to apportion blame in terms of civil liability, the actions of individuals and organisations may be criticised.
Public Inquiry – a public inquiry is usually called by government in response to a major public concern, such as institutional mismanagement or failures, miscarriages of justice or catastrophic events. The aim is to find out what happened, why it happened and restore public confidence by learning lessons and making recommendations. These inquiries can be statutory and held under the Inquiries Act 2005 or they can be non-statutory, which are often concluded more quickly. On occasion, a non-statutory inquiry can be converted to a statutory one, for instance, the Post Office Horizon IT Inquiry started off as non-statutory and became statutory. A statutory inquiry has the force of law, can require the production of documents, require witness statements, enforce attendance as a witness. Individuals and organisations may be criticised and, if so, will receive a warning that they may be. Public inquiries are now regularly live streamed and witnesses can receive widespread media attention.
Our experience is built on many years of representation, strategy and appearance at some of the highest profile Fatal Accident Inquiries and Public Inquiries across miscarriages of justice, the Covid pandemic, historic child abuse, deaths in prison custody, unexpected medical deaths, deaths in the community and in the workplace, including:
"I am impressed by how Anderson Strathern manage to combine the professionalism of a large firm with the empathy you would expect from a sole practitioner."
