Scope of duty, “moral turpitude” and adverse inferences: Melia v Tamlyn and Son Limited – Hailsham Chambers

Posted December 19th, 2024 in chambers articles, evidence, expert witnesses, negligence, news, planning, surveyors by sally

‘The case of Melia v Tamlyn and Son Limited tackles several key issues in professional negligence, including the scope of duty post-MBS, approach to conflicts of evidence, and the significance of unlawful conduct.’

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Hailsham Chambers, 4th December 2024

Source: www.hailshamchambers.com

“It all happened so long ago…”: the sequel – Pensions Barrister

Posted December 19th, 2024 in documents, evidence, news, pensions, rectification by sally

‘In the second part of his article on the use of evidence law in pensions cases, Paul Newman KC looks at: the evidence required to rectify scheme documents; the nature of the evidence necessary to establish the conduct of groups of scheme members; and the use of Re Benjamin orders to deal with missing or incorrect scheme data.’

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Pensions Barrister, 19th December 2024

Source: www.pensionsbarrister.com

“It all happened so long ago…” – Pensions Barrister

Posted December 12th, 2024 in chambers articles, documents, evidence, news, pensions by sally

‘In the first part of a major two-part article on the use of evidence law in pensions cases, Paul Newman KC considers the extent to which evidence law can overcome missing pension scheme documents.’

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Pensions Barrister, 11th December 2024

Source: www.pensionsbarrister.com

Court examines conditions for granting imaging orders – OUT-LAW.com

Posted December 12th, 2024 in disclosure, evidence, news, search & seizure by sally

‘A ruling in a case involving a former boss of controversial data analytics company, Cambridge Analytica, provides some clarity on when parties to litigation in England and Wales can obtain imaging orders to preserve potentially important electronic evidence.’

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OUT-LAW.com, 10th December 2024

Source: www.pinsentmasons.com

Digital Forensics within the Criminal Justice System – 25 Bedford Row

‘Rare is the case that does not feature some aspect of digital technology. The House of Lords Science and Technology Select Committee identified that “Digital evidence is now a key component in many criminal trials…[estimating that]…90% of crime has a digital element, in the broadest sense…” Digital forensic evidence is critical in the course of all manner of criminal cases – from online fraud, stalking via social media, in cases where an offence is captured on CCTV, or where the prosecution of a case is reliant on cell site analysis.’

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25 Bedford Row, 3rd December 2024

Source: www.25bedfordrow.com

Appeal judge orders re-hearing of employment claim against council where most of written reasons of tribunal were copied from evidence or submissions of local authority – Local Government Lawyer

‘The Employment Appeal Tribunal has ordered a re-hearing of claims by an ex-employee against a local authority, after finding that most of the Employment Tribunal’s written reasons were copied from the council’s witness evidence or written submissions.’

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Local Government Lawyer, 26th November 2024

Source: www.localgovernmentlawyer.co.uk

Protected Conversations under section 111A of the Employment Rights Act – Kingsley Napley Employment Law Blog

Posted November 26th, 2024 in agreements, employment tribunals, evidence, news, redundancy, unfair dismissal by tracey

‘The recent EAT Judgment in Gallagher v McKinnon’s Auto and Tyres Limited is a useful decision for employers, having upheld the employer’s position regarding the inadmissibility of evidence relating to what was said in some pre-termination negotiations.’

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Kingsley Napley Employment Law Blog, 20th November 2024

Source: www.kingsleynapley.co.uk

Tribunal “copied most of ruling” from one side’s submissions – Legal Futures

Posted November 26th, 2024 in evidence, judgments, news, reasons, tribunals, witnesses by tracey

‘A judge has strongly criticised an employment tribunal (ET) that copied most of its reasons from the respondent’s witness evidence or written submissions.’

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Legal Futures, 26th November 2024

Source: www.legalfutures.co.uk

Lessons from Lieven J – Local Government Lawyer

‘Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.’

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Local Government Lawyer, 15th November 2024

Source: www.localgovernmentlawyer.co.uk

Immigration Newsletter (November 2024) – 4KBW

Posted November 14th, 2024 in chambers articles, evidence, news, practice directions by tracey

‘Immigration Newsletter (November 2024)’

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4KBW, 11th November 2024

Source: www.4kbw.co.uk

Equality Act assessors and open advice – Nearly Legal

‘Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch). This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured tenancy from Metropolitan from 2009. There had been complaints of anti social behaviour and Metropolitan brought possession proceedings.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Lucy Letby: police and CPS handling of case raises new concerns about convictions – The Guardian

‘When the public inquiry into the crimes of the former nurse Lucy Letby opened in Liverpool last month its chair, Lady Justice Thirlwall, dismissed concerns about the safety of the convictions as “noise”. The judge cautioned that questions being raised were increasing the distress of parents whose children had died or been harmed.’

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The Guardian, 10th October 2024

Source: www.theguardian.com

Lucy Letby: Experts tell BBC about medical evidence concerns – BBC News

Posted October 1st, 2024 in children, evidence, expert witnesses, hospitals, medical treatment, murder, news, nurses by tracey

‘Senior doctors and scientists have told the BBC they have concerns about how crucial evidence was presented to the jury at Lucy Letby’s trials.’

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BBC News, 1st October 2024

Source: www.bbc.co.uk

CPS twice did not prosecute Fayed over sex abuse claims – BBC News

‘The Crown Prosecution Service has said that it twice considered bringing charges against ex-Harrods owner Mohammed Al Fayed but concluded there was no realistic prospect of a conviction.’

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BBC News, 22nd September 2024

Source: www.bbc.co.uk

Tackling theft or improper use of confidential information in the civil courts – OUT-LAW.com

‘Businesses faced with the theft or unauthorised use of their confidential data have a suite of remedies available to them in the civil courts to recover that data or prevent its further use.’

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OUT-LAW.com, 19th September 2024

Source: www.pinsentmasons.com

Man ‘not had a life’ as 1990 murder conviction quashed – BBC News

Posted September 12th, 2024 in appeals, evidence, learning difficulties, murder, news, police interviews by tracey

‘A man with learning disabilities who says he felt under pressure to confess to murder says he has not “had a life” for the last 33 years.’

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BBC News, 11th September 2024

Source: www.bbc.co.uk

Sufficiency of directions in cases involving delay and prejudicial material: Dutta v GMC [2024] EWHC (Admin) 1217 – 2 Hare Court

Posted September 11th, 2024 in appeals, chambers articles, coronavirus, delay, evidence, news, tribunals by tracey

‘Dutta is a well-known name in professional discipline. In this more recent Dutta the High Court upheld certain grounds of appeal in relation to facts found by the MPT and remitted the matter back. However, the High Court rejected grounds which related to delay and the admissibility of evidence.’

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2 Hare Court, 9th September 2024

Source: www.2harecourt.com

Lucy Letby: Questions grow in debate on killer’s convictions – BBC News

Posted August 29th, 2024 in children, evidence, expert witnesses, hospitals, murder, news, nurses by sally

‘Lucy Letby has become arguably the most notorious serial killer of modern times.’

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BBC News, 29th August 2024

Source: www.bbc.co.uk

Tribunal criticises BSB for prosecuting “sleeping” barrister – Legal Futures

‘A disciplinary tribunal has sharply criticised the Bar Standards Board (BSB) for how it approached the prosecution of a barrister who provided clear medical evidence to explain why she struggled to stay awake during an inquest she was participating in online.’

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Legal Futures, 27th August 2024

Source: www.legalfutures.co.uk

Mother and son call for review of ‘harsh’ UK witness protection programme – The Guardian

‘A mother and son whose lives have been completely reshaped by living under witness protection have called for a wholesale review of the system, warning that instead of keeping people safe it can be “hostile” to innocents.’

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The Guardian, 27th August 2024

Source: www.theguardian.com