Category: defences

Criminal: General defences – Law Society’s Gazette

Posted November 29th, 2017 in careless driving, dangerous driving, defences, domestic violence, hearsay evidence, news, self-defence by sally

‘In R v Riddell [2017] EWCA Crim 413 the court confirmed that self-defence can potentially be a defence to allegations of both dangerous and careless driving. Even though dangerous driving does not inherently involve the use of force, there may be a need for responsive force in particular circumstances. The availability of the defence will depend on the force used in the driving in those circumstances. The court observed that it would be wrong for self-defence to be available when driving off to avoid injury but unavailable to nudge someone away when fearing violence.’

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Law Society's Gazette, 27th November 2017

Source: www.lawgazette.co.uk

UK Laws Around Smacking Children Are Changing – Everything You Need to Know – The Independent

Posted November 23rd, 2017 in assault, children, corporal punishment, defences, news, parental rights by sally

‘Rules around smacking children across the UK are changing as a result of new laws coming into force.’

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The Independent, 22nd November 2017

Source: www.independent.co.uk

Defending Private Prosecutions – 2 Hare Court

Posted February 21st, 2017 in defences, news, private prosecutions by sally

‘Private prosecutions of crimes such as fraud and trademark or copyright infringement have become an increasingly important tool of litigation in the UK in recent years. A number of us at 2 Hare Court are currently acting in such cases, defending and prosecuting. Whilst much has been written of late about how to bring a private prosecution, relatively little has made its way into print about defending such cases. Whilst doing so will of course involve many of the same considerations as defending a prosecution brought by the CPS, there is an additional array of options that should be borne in mind.’

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2 Hare Court, 5th January 2017

Source: www.2harecourt.com

Child Abduction: the Article 13(b) defence and protective measures – Family Law Week

Posted October 20th, 2016 in child abduction, defences, domestic violence, news, treaties by tracey

‘Lauren Bovington, paralegal, International Family Law Group LLP, analyses a recent important Court of Appeal judgment concerning the Article 13(b) defence in 1980 Hague Convention proceedings.’

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Family Law Week, 20th October 2016

Source: www.familylawweek.co.uk

Substituting a new mess for an old one? The Illegality Defence after Patel v Mirza [2016] UKSC 42 – Henderson Chambers

Posted July 26th, 2016 in appeals, defences, illegality, news, Supreme Court by sally

‘On 20 July 2016 the Supreme Court handed down judgment in Patel v Mirza [2016] UKSC 42. The effect of the majority’s decision is to over-rule Tinsley v Milligan [1994] 1 AC 340, which for more than two decades stood as authority for the “reliance test” applicable to the illegality defence. Under that test, where a claimant is obliged to rely on his own illegal act in support of his claim – be it in contract, tort or unjust enrichment – a defence of illegality could, subject to certain exceptions, successfully be established.’

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Henderson Chambers, 25th July 2016

Source: www.hendersonchambers.co.uk

Defence of tender before claim – Law Society’s Gazette

Posted November 30th, 2015 in civil procedure rules, damages, defences, news, payment into court by sally

‘The common law defence of tender before claim is a defence that, before the claimant commenced court proceedings, the defendant had unconditionally offered the amount due to the claimant.’

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Law Society’s Gazette, 30th November 2015

Source: www.lawgazette.co.uk

Automotive Automatism – Zenith PI Blog

Posted November 16th, 2015 in automatism, defences, news, personal injuries, road traffic by sally

‘I recently appeared in a County Court trial on behalf of the Defendant in which we were relying upon the rarely employed defence of automatism. For those of you who might stumble upon this sort of case once in a while, this article may provide some assistance as to how the Court will deal with such a defence.’

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Zenith PI Blog, 13th November 2015

Source: www.zenithpi.wordpress.com

All proportionality defences are equal, but some are more equal than others – Zenith Chambers

Posted March 19th, 2015 in appeals, defences, disability discrimination, housing, human rights, news, proportionality, Supreme Court by sally

‘The Supreme Court, in the case of Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15, have provided some much needed and helpful clarification of the practicalities of raising and potentially defeating a defence based on discrimination on a summary basis. In the event, events overtook the appeal, and Mr Akerman-Livingstone’s appeal was dismissed, but had it not been for a suitable offer of accommodation and the superior landlord serving notice to quit on the Housing Association and requiring vacant possession from them, the result would have been different.’

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Zenith Chambers, 12th March 2015

Source: www.zenithchambers.co.uk

Regina v Gurpinar; Regina v Kojo-Smith and another – WLR Daily

Posted February 26th, 2015 in appeals, defences, evidence, homicide, juries, law reports, provocation by sally

Regina v Gurpinar; Regina v Kojo-Smith and another [2015] EWCA Crim 178; [2015] WLR (D) 80

Where a defendant was charged with murder and the issue arose as to whether the partial defence of loss of self-control should be left to the jury the trial judge had to undertake a much more rigorous evaluation of the evidence before that defence could be left to the jury than had been required under the former law of provocation.

WLR Daily, 20th February 2015

Source: www.iclr.co.uk

‘You Can’t Always Get What You Want’ – The Defence of ‘Reasonable Practicability’ in a Claim for Breach of the Workplace Regulations – Zenith PI Blog

Posted November 6th, 2014 in accidents, appeals, defences, employment, health & safety, news, personal injuries, regulations by sally

‘Whilst the caselaw suggests that a defence of ‘reasonable practicability’ in an employers liability claim will often be difficult for a Defendant to make out, a recent High Court decision is a reminder that such a defence can succeed in appropriate circumstances.’

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Zenith PI Blog, 6th November 2014

Source: www.zenithpi.wordpress.com

Les Laboratoires Servier and another (Appellants) v Apotex Inc and Others (Respondents) – Supreme Court

Posted November 4th, 2014 in appeals, defences, ex turpi causa, law reports, medicines, patents, Supreme Court by sally

Les Laboratoires Servier and another (Appellants) v Apotex Inc and Others (Respondents) [2014] UKSC 55 (YouTube)

Supreme Court, 29th October 2014

Source: www.youtube.com/user/UKSupremeCourt

Are murder laws sexist? – BBC News

Posted October 16th, 2014 in defences, murder, news, provocation, sex discrimination by sally

‘In much of the UK, men on trial for killing their partner are no longer allowed to use the excuse of provocation. But are judges following the spirit of the law designed to eliminate sexism from the judicial process?’

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BBC News, 15th October 2014

Source: www.bbc.co.uk

Courts should not be given free rein to create new defences against trade mark infringement – OUT-LAW.com

Posted October 7th, 2014 in courts, defences, EC law, intellectual property, judiciary, news, trade unions by sally

‘Proposals by academics to allow new defences against trade mark infringement to be created in the future should be resisted, a trade mark law specialist has warned.’

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OUT-LAW.com, 6th October 2014

Source: www.out-law.com

Taking a selfie inside the National Gallery – a copyright infringement? – Legal Week

Posted August 28th, 2014 in artistic works, copyright, defences, news, photography by sally

‘A few days ago a number of newspapers reported that, following similar moves by a number of other UK institutions, the National Gallery in London has changed its strict no-photos-(please) policy, “after staff realised they were fighting a losing battle against mobile phones”, The Telegraph explains.

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Legal Week, 27th August 2014

Source: www.legalweek.com

The English law of causation and the passing-on defence – Competition Bulletin from Blackstone Chambers

Posted June 30th, 2014 in causation, competition, damages, defences, news by sally

‘One of the big questions of English competition law is whether there is such a thing as a “passing-on defence” – – i.e. whether the damages suffered by a purchaser of a cartelized product are reduced or mitigated if he “passes on” some of the overcharge to his own customers. Two follow-on damages actions were due to be heard this term, arising out of the synthetic rubber cartel and the gas insulated switchgear cartel, both of which raised the question of passing-on but both of which have now settled.’

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Competition Bulletin from Blackstone Chambers, 30th June 2014

Source: www.competitionbulletin.com

Daniel v State of Trinidad and Tobago – WLR Daily

Posted February 18th, 2014 in appeals, defences, law reports, murder, Privy Council, provocation, Trinidad & Tobago by sally

Daniel v State of Trinidad and Tobago [2014] UKPC 3; [2014] WLR (D) 73

‘A defendant charged with murder could, in certain circumstances, rely on the defence of provocation, even though he himself had generated the provocative conduct.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

‘War crimes’ defence against Israel company protest convictions fails in Supreme Court – UK Human Rights Blog

Posted February 7th, 2014 in defences, demonstrations, news, public order, trespass by tracey

‘Richardson v Director of Public Prosecutions [2014] UKSC 8. The tactics of protesters engaging in demonstrations, or acts of civil disobedience, frequently raise interesting questions of law. A demonstration by two activists opposed to the Israeli occupation of the Palestinian Territories, who entered a shop in Covent Garden which sold produce from the Dead Sea, produced on an Israeli settlement, recently resulted in the Supreme Court addressing two such questions.’

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UK Human Rights Blog, 7th February 2014

Source: www.ukhumanrightsblog.com

Marital coercion defence ‘to be scrapped’ – BBC News

Posted January 23rd, 2014 in bills, defences, harassment, married persons, news by sally

‘The historical defence of marital coercion is to be abolished in England and Wales, the government has said.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

ETO Exception Established under TUPE despite the “Subjective Fact-Intensive Analysis” Still Required – Employment Law Blog

Posted November 28th, 2013 in appeals, defences, employment, news, regulations, transfer of undertakings by tracey

‘Harini Iyengar considers the Court of Appeal’s (“CA”) latest analysis of the Economic Technical or Organisational Reason Exception (“ETO”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and the tension between the employment regime and the insolvency regime.’

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Employment Law Blog, 27th November 2013

Source: www.employment11kbw.com

Defamation law reforms to take effect from the start of 2014 – OUT-LAW.com

Posted November 21st, 2013 in defamation, defences, freedom of expression, legislation, news, publishing, regulations by sally

“Changes to UK defamation laws will come into force on 1 January 2014, the Justice Minister has announced.”

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OUT-LAW.com, 20th November 2013

Source: www.out-law.com