Our personal injury team have extensive expertise in representing parties in Fatal Accident Inquiries
Fatal accident inquiries
Fatal Accident Inquiries (FAIs) take place in Sheriff Courts all over Scotland and investigate the circumstances of a person’s death.
In some situations, such as a death occurring in police custody or as a result of an accident at work, an FAI will be mandatory. In other situations, the decision to hold an FAIs is at the discretion of the Crown Office and Procurator Fiscal Service (COPFS). The COPFS not only prosecutes crime but is responsible for investigating sudden deaths occurring in Scotland. The COPFS will decide to hold a discretionary FAI where it is felt to be in the public interest to do so. They may consult with family members of the deceased but the decision to hold an FAI ultimately lies with the COPFS.
The purpose of FAIs is not to assign blame or point fingers at individuals, but to explore the circumstances of the death and to try and identify whether systems or processes can be improved to prevent future deaths in similar circumstances. FAIs follow their own court procedure and have their rules which require to be complied with, so having a specialist solicitor on board is extremely important.
We have been involved in a number of FAIs over the years, acting for individuals and organisations. We have been instructed in high-profile and lengthy FAIs, many of which involved complex technical evidence.
If you have been notified by the COPFS of a possible FAI, or have been notified that you may wish to be a participant in an FAI, please get in touch and we can provide more information.