DV Has the legal profession decided if this is to go to fatal accident inquiry yet?
The simple answer is NO.
Fatal Accident Inquiries in Scotland are held in terms of the Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 1976. There are two classes of inquiry in terms of the Act, mandatory inquiries in terms of Section 1 (1) (a) of the Act which apply to deaths which have either resulted from an accident occurring while the person was in the course of his or her employment or where a person was at the time of their death in legal custody, and Section 1 (1) (b) which covers all the rest and is at the discretion of the Procurator Fiscal.
On the face of it it seems a clear cut case that the Tornado deaths fall under Section 1 (1) (a) and an FAI is mandatory. However, the current debate is about whether or not members of the services are employees. MoD believe they have special dispensation under Scottish Law which places service member in the Section 1 (1) (b) category. That is why we did not have an FAI for the Glen Kinglass accident back in 2009.
This interpretaion goes against the ruling of Lord Neuberger in the Snatch Land Rover case. He declared the members of the services are employees and MoD is their employer.
DV