Partner Joanna Ludlam was quoted in Global Investigations Review following the publication of the first report of the retired judge overseeing the UK Public Inquiry into the Post Office Horizon IT inquiry. The first volume of the final report invites the UK Government, the Post Office, and Fujitsu to propose compensation plans for those affected and recommends that the Department for Business and Trade, in conjunction with the Post Office, should make a public announcement outlining what is meant by the phrase ‘full and fair financial redress’, which the Post Office and the government have committed to delivering to the victims of the scandal. "Such an explanation should indicate that claimants should be awarded sums which are equivalent to those which they would receive in civil litigation brought before a judge in England and Wales, assuming that the judge hearing the civil claims awarded damages at the top end of the appropriate range of damages,” the retired judge said.
Joanna reflects on the influence such inquiries can have on policy and future legal actions, stating that the recommendations of public inquiries “are recommendations only and don’t have any legally binding effect” on their subjects but can be “very influential” on government policies and actions.
“The government will want to reflect carefully on what the recommendations say, and I would expect there to be parliamentary scrutiny of the government’s response,” she added.
Joanna also notes that the findings of public inquiries are often used to support further investigations as well as regulatory actions or civil proceedings. “I would expect anyone who is seeking to bring those to see whether there’s any help provided in the findings for their efforts,” she said.
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