Frequently Asked Questions relating to Other Claims and Criminal Charges

Q. Could the outcome of the inquiry lead to criminal prosecution?

A. An Inquiry cannot determine either criminal or civil liability, so the answer on that level is no. The full answer is much more complicated. The Inquiry should lay bare all of the evidence, at that point conclusions can be reached that can in turn inform other processes. The police and the prosecuting authorities will be watching the Inquiry very closely. The outcome of an Inquiry often leads to a matter of law being considered by prosecuting authorities. In the Hillsborough Inquiry, for instance, the jury concluded that the deceased had been unlawfully killed.  That conclusion was a catalyst for criminal prosecutions. There were also civil proceedings where people managed to gain compensation. However, it's important to understand that each of those were separate processes to the initial Inquiry.

Q. How does the Inquiry impact on making a medical negligence claim?

A. The Inquiry will look at general issues and not specific claims of negligence. You can open a case of medical negligence separately to the Inquiry, however currently we know that it is difficult to find legal representation willing to take on cases of Covid related medical negligence.

Q: Is there any other way of getting criminal sanctions?

A: Inquiry does play a role in that very often the evidence that is adduced allows the police to open a criminal investigation.

Q. If criminal acts are discovered by the Inquiry, can separate proceedings take place as a consequence?

A. Yes.The Inquiry brings out all of the evidence and conclusions are reached, and that then informs the other processes.The police and the prosecuting authorities will be watching the Inquiry very closely. The outcome of the Inquiry often has as a matter of law to be considered by the prosecuting authorities. In the Hillsborough Inquiry, the jury concluded that the deceased had been unlawfully killed and following from that there were criminal prosecutions. There were also follow-on civil proceedings where people managed to gain compensation, but they are separate processes.

Q. Why is no law firm willing to take on a Covid-19 case at the moment?

A. If the reference is to Medical Negligence cases, law firms cannot get legal aid for these and of course will take on private payers but if a client can't afford to pay the only option is to apply for legal expenses insurance and the insurers are not taking on such cases. Although, I have heard that some of them are running one or two test cases.