Except as otherwise provided by the statutory rules1, the appointed person2 determines the procedure at the inquiry3. He must conduct the inquiry in public unless for any reason he determines that the inquiry or any part of it must be in private4.
Unless in any particular case the appointed person with the consent of the Secretary of State or, as the case may be, the Welsh Ministers5 otherwise determines, the Secretary of State or the Welsh Ministers begin and have the right of final reply; and the other persons entitled or permitted to appear6 are heard in such order as
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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