Public Inquiries 

Our Specialist Litigation Team has significant experience advising and representing clients involved in complex public inquiries, both in Scotland and UK-wide. Public inquiries often involve sensitive issues of critical public importance, interest, and concern, and require a careful, strategic approach rooted with a forensic understanding of both the legal framework, and the topic or subject matter to which the inquiry relates.

Usually, the main functions of a public inquiry is to establish (a) what happened; (b) why did it happen and who is to blame; and (c) what can be done to prevent this from happening again in the future. Whilst we cannot turn back time, the primary purpose of a public inquiry is often to prevent reoccurrence.

A public inquiry is commissioned at the request of a Government Minister and can take the form of a non-statutory inquiry (which offers greater flexibility as to procedure or form) or a statutory inquiry (which is commissioned under the Inquiries Act 2005 and governed by the Inquiry Rules 2006 and has greater legal powers to compel the production of documents or attendance of witnesses).

Public inquiries differ from traditional court litigation, and the approach required is inquisitorial in nature, as opposed to adversarial. However, public inquiry work still requires the same skills of a litigator – thorough investigation and critical analysis of large volumes of evidence, the preparation of oral and written submissions, and strategic advice which takes account of wider public interest considerations and repercussions.

Our Specialist Litigation Team brings exactly that: a client-focused, analytical approach, coupled with a strong commitment to protecting our clients' interests in what can often be emotionally and reputationally challenging circumstances.

Where clients are asked to give evidence or seek to participate in a public inquiry, our team is equipped to offer immediate and practical advice, and to guide them through the process. This can include the preparation or review of written witness statements, offering support in the provision of oral evidence, advising on disclosure obligations, managing PR concerns, and ensuring full compliance with procedural directions. Our team can also provide crisis management support where necessary, and can liaise directly with inquiry legal teams and counsel where appropriate.

We are proud to have played a role in a number of major public inquiries to date, including our most recent involvement in the UK-wide Post Office Horizon IT Inquiry where we acted on behalf of core participant (a subpostmaster) and sought to represent the Scottish experience of the Post Office Horizon IT scandal. This instruction demonstrated the team’s ability to handle high-profile, multi-party proceedings, often under intense media and governmental scrutiny.

The Specialist Litigation Team has also been instructed in a number of other public inquiries in recent years, including the COVID-19 Inquiries (both Scotland and the UK) with Stuart Munro also giving evidence on behalf of the Law Society for Scotland.

In the Scottish Child Abuse Inquiry, the firm assisted witnesses to provide evidence in cases of profound sensitivity, and the team’s work in the Scottish Hospitals Inquiry has involved supporting witnesses in preparing for and giving evidence in difficult circumstances.

Contact our Specialist Litigation Team   

If you, your organisation, or someone you represent is involved in a public inquiry, we can advise you from the outset to ensure you are fully informed and appropriately represented. Contact our Specialist Litigation Team on 0141 429 8166 or complete our online enquiry form.