Inquiries

Chambers’ strength and depth in the area of Inquiries continues to grow. In recent years members at all levels have been instructed in increasingly high profile and complex inquiries, whether as counsel to the Inquiry or on behalf of one or more participants, in the UK, and internationally. For further detail on individual members instructed in this area of work, please see below.

 

Peter Carter QC is currently instructed as Counsel to the "Clico Enquiry", set up by the President of Trinidad and Tobago in November 2010 to inquire into the failure of a number of high profile financial institutions including the largest providers of private pension policies in Trinidad and Tobago. Having announced to the Central Bank of Trinidad that it had significant liquidity problems, the Central Bank provided extensive support to one of the institutions, Clico, because its collapse would have a substantial impact on the economy. The intervention had very little success. The Inquiry was set up because there is considerable public interest in discovering why an apparently affluent and successful business was unable to pay out to the many policyholders who now face the prospect of receiving a fraction of their investment. The Inquiry is also charged with looking at whether any individual or body should face civil or criminal proceedings and how the government came to intervene at considerable public cost. The Commissioner is Sir Anthony Colman, a former High Court Judge.

 

Shane Collery is presently involved in the Azelle Rodney Inquiry, leading Rebecca Chalkley. Azelle Rodney was a young man shot dead by the by the Metropolitan Police in April 2005. Shane and Rebecca’s role in the inquiry – instructed by HMRC – has been complex both legally and factually. For example, they have been required to advise in relation to a refusal by the Inquiry to give a Restriction Order pursuant to section 19 of the Inquiries Act 2005 in relation to part of the Metropolitan Police officers’ evidence.

 

Shane was also instructed in relation to the Chilcot Inquiry into the Iraq War.

 

Emma Gargitter has been instructed as junior counsel to the Al-Sweady Inquiry almost since its inception in late 2009, and as such has a detailed knowledge of Inquiry practice and procedure. The Inquiry is looking into allegations that British soldiers in Iraq unlawfully killed and mistreated a number of Iraqis captured after what became known as ‘the Battle of Danny Boy’ in May 2004. The Inquiry is acknowledged to be factually complex and is likely to take evidence from dozens of Iraqis involved in the incident, as well as up to 450 military witnesses. The Inquiry is due to begin hearing evidence in October 2011.

Rosamund Horwood-Smart QC and Alex Milne QC represented a group of former soldiers in the Bloody Sunday Inquiry, which reported into the deaths of 13 civilians on 30 January 1972. Some of those soldiers were said to have fired fatal shots on the day. They also represented the estate of the late Field Marshal Lord Carver.

 

More recently Alex Milne QC was instructed as lead Counsel to the Turks & Caicos Islands Commission of Inquiry, chaired by Sir Robin Auld, into governmental corruption in the Turks & Caicos Islands. Recommendations implemented included the temporary suspending of the Islands’ constitution in order to facilitate the restoration of good governance and sound financial management.

 

has significant recent experience of planning inquiries, with particular expertise in representing groups opposed to the erection of wind turbines. 

 

In 2009 he appeared for The Exmoor Rural Alliance in two conjoined wind farm appeals in which the developers were appealing a failure by the North Devon and Mid Devon District Councils to give notice within the prescribed period of a decision on planning permission for the erection of wind turbines near Exmoor National park. The developers’ appeals were dismissed.

 

In 2010 he represented the Cotton Farm Alliance in an appeal by NPower Renewables against a refusal by Huntingdon District Council to grant planning permission for the erection of eight turbines. He also appeared for the Baumber Wind Farm Action Group in an appeal by Enertrag UK Limited against a failure by East Lindsey District Council to give notice within the prescribed period of a decision on planning permission for the erection of eight turbines at Chase Farm, Baumber Lincs.