Closings Protocol

  1. The witness schedule for the resumed hearings anticipates that oral evidence will conclude on 22nd September 2009.

  2. The Chairman has decided that Counsel to the Inquiry will then deliver written closing submissions by close of business on 30th September 2009. They are to be in as full a form as is practicable, and are to contain the issues that Counsel to the Inquiry proposes that the panel should address, a note of the evidence that he contends goes to each issue and, where he thinks fit, commentary.

  3. All those who have permission to make oral closing submissions will receive a copy of Inquiry Counsel's closing submissions, in the form of a word document. It will have a section below each paragraph for the responding legal team to provide their skeleton responses to the proposed issue, the evidence supporting the issue, and any comment.

  4. The Protocol is not intended to limit those responses solely to matters to which Inquiry Counsel has raised. Every responding party may raise in its response any issue or evidence which they believe to be omitted, and of course will be entitled to make any comment thought fit. The format will enable every respondent to articulate their position fully. It is not intended to limit the length or scope of the skeleton submissions in response.

  5. The purpose of this scheme is to ascertain the degree of agreement and disagreement about the issues arising, the relevant evidence, and the conclusions to be drawn from the evidence. Further, the Inquiry team will be able to paste all of the responses into a single document for the convenience of all concerned.

  6. The responses to the Inquiry's written closing submissions must be provided to the Inquiry by 12 noon on 6th November 2009 at the latest. The Inquiry would be grateful to receive them earlier.

  7. The Inquiry will incorporate the responses into one document and will send that composite document to all those entitled to deliver oral closing submissions.

  8. The Inquiry will not sit from the Tuesday 3rd - Friday 6th November 2009.

  9. Inquiry Counsel will begin delivery of its closing submissions on Monday 7th December 2009. The relevant legal teams will then deliver their oral closing submissions in accordance with their written responses and in the light of any responses or submissions made by another legal team. Inquiry Counsel will then have a right of reply. If, and in so far as, criticism is made of a person in the course of closing submissions without him having the opportunity to deal with it, the Chairman will make such provision as he considers fair.