Our lawyers work closely with highly experienced counsel who bring adaptability and strategic thinking to public inquiry work. By using our “Collaborate” data rooms we are able to store, collate and share large quantities of information and documents with our clients and counsel. This, along with our state-of-the-art case management software, enables us to effectively manage the Inquiry process from start to finish.
We not only advise clients in relation to the Inquiry proceedings themselves. Our full-service offering means that we are able to provide representation in relation to any associated proceedings which may follow on from that. These may take the form of pursuing or defending actions for damages, applications for judicial review, criminal prosecutions and other forms of regulatory sanction.
What is a public inquiry?
Public inquiries are Hearings that investigate matters of public concern. The purpose of a Public Inquiry is to establish facts – what happened and why did it happen; to find out who (if anyone) was responsible and to learn the lessons needed to prevent a recurrence of events. There are currently a number of Public Inquiries ongoing in Scotland including the Scottish Child Abuse Inquiry, the Scottish Hospitals Inquiry and the Edinburgh Tram Inquiry.
A date for the Scottish Covid-19 Inquiry is currently awaited and we explain more about this inquiry on our website here. The Scottish Government information is available here.
In Scotland, Public Inquiries are conducted by a senior official – the Chair (usually a judge or a recently retired judge). The Chair’s instructions and the examination of witnesses will be carried out by the Inquiry Legal Team (made up of solicitors and advocates).
The Chair has power to require witnesses to attend hearings to provide oral evidence (or to produce a written witness statement) as well as powers to require the production of documents (from individuals and other corporate entities).
The Chair will review documents and hear evidence from witnesses and expert witnesses. At the end of the process they will publish their conclusions and make recommendations. Public inquiries are inquisitorial (fact finding) exercises as opposed to an adversarial process. The Chair then cannot make findings about a person's or organisation’s civil or criminal liability. The findings are sent to the Scottish Government who are obliged to publish them. However, the Inquiry's recommendations are not legally binding – it is up the government or other relevant bodies to implement any recommendations.
Who can apply for Core Participant Status?
Whether organisations should apply for core participant status will depend on the extent to which they have been involved in responding to and/or impacted by the pandemic. Those working in the health, social care and education sectors will already be anticipating their involvement in the Scottish Covid-19 Inquiry.
The Inquiry will seek to minimise delay and to avoid unnecessary costs. The pandemic directly affected everyone in Scotland. Applications for Core Participant Status are likely to be if the Applicant’s participation will assist the Inquiry and its ability to meet its terms of reference.
The Protocol states that applicants "representing a number of people with similar interests may facilitate the most effective management of the Inquiry". The Inquiry is therefore encouraging individuals and organisations to group together to apply for Core Participant status. The Chair may direct applicants to obtain joint legal representation with others who have similar interests.
Will public funding be provided?
The Inquiry has confirmed that it will publish a funding protocol setting out the financial assistance that will be made available to core participants who cannot afford to pay the legal fees involved in participating in the Inquiry. Funding will be subject to a separate application and designation as a core participant will not automatically entitle a person to funding.
You can find out more information by reading our FAQs here.
