Legal defeat for MoD

11 Apr 2008

A High Court judge today rejected an attempt by the UK Defence Secretary to ‘gag’ coroners.

Lawyers for Des Browne had challenged critical comments made by Andrew Walker, an Oxfordshire coroner, at the inquest of Private Jason Smith in November 2006. In the hearing, which was widely seen as a test case, lawyers had asked the court for guidance on the use of phrases such a ‘serious failure’ in inquests into the deaths of troops in active service, arguing that coroners could prejudice subsequent compensation claims. Mr Justice Collins rejected that argument.

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