If ever there was a 'legal' item on PPRuNe to which I would dearly love to respond in order to correct the misleading impression and provide balance, this is it.
Unfortunately, and very frustratingly, I can't. I represented the MoD so professional propriety prevents me from doing so, particularly as the High Court has not yet approved the proposed settlement. It's a pity the Claimant's solicitor doesn't feel similarly restrained - but that comes as no surprise to me.
"In his written argument to the court, the family's counsel said .......... etc etc
The key word is 'argument.' Arguments we advance on behalf of our clients contain our clients' allegations and claims. However boldly they may be expressed, it doesn't necessarily mean they are correct - nor does it mean they will be successful when the other side of the argument is heard.
(Clue: A key extract from the AAIB report has already been posted. The AAIB investigators are of course independent and impartial - they are not trying to win a case.)
"she always felt that her husband's death was not his fault."
Human nature being what it is, that is entirely understandable and no doubt she always will. That doesn't mean it's correct.
Please don't think I'm being unsympathetic. It was a tragic accident which resulted in the loss of a good husband and father who was not only successful in his career but also clearly a good man - but the completely one-sided account given to the Press creates a very distorted impression of what happened.
Sympathy for deceased and bereaved is natural, but it's important not to forget the living who have to cope with allegations that they caused someone's death.
I could easily correct the thoroughly misleading impression given by the press story if I was prepared to follow the Claimant solicitor's example - and the temptation to do so is almost irresistable - but I'm not prepared to do that.
Tudor Owen
Last edited by Flying Lawyer; 18th Nov 2005 at 21:29.