Jeremy Bamber refused access to documents on Essex family murders – The Guardian

‘Jeremy Bamber, who is serving a whole life sentence for one of Britain’s most notorious multiple murders, has been refused access to documents that he believes could help clear his name.’

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The Guardian, 5th June 2020

Source: www.theguardian.com

Overseas Production Orders – A New Tool to Obtain Foreign Electronic Evidence – 6KBW College Hill

Posted June 5th, 2020 in Crown Court, data protection, evidence, foreign jurisdictions, news by sally

‘For years, prosecutors and defenders have acted in the confident knowledge that obtaining certain types of important electronic evidence from overseas in time for use at trial has been very difficult. That may now change: the Crime (Overseas Production Orders) Act 2019 (“the Act”) received the Royal Assent on 12 February 2019. The provisions of the Act came into force on 9 October 2019.’

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6KBW College Hill, 25th May 2020

Source: blog.6kbw.com

Remote hearings “can deal with credibility issues” – Legal Futures

‘People should not presume that remote hearings cannot be used for cases where the credibility of witnesses is at stake, the IT adviser to the Lord Chief Justice has said.’

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Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Naomi McLoughlin discusses the recent decision in A Local Authority v the Mother & Ors [2020] EWHC 1233 (Fam) – Park Square Barristers

Posted June 2nd, 2020 in children, coronavirus, evidence, news, remote hearings by sally

‘The judgment addresses the question of whether a fact-finding hearing should continue either remotely or semi-remotely or whether the case should be adjourned until an in-person hearing of pre-Covid 19 format can take place.’

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Park Square Barristers, 19th May 2020

Source: www.parksquarebarristers.co.uk

ABE 2016/19 has gone AWOL – Counsel

‘Shortcomings and legal anachronisms: how can we achieve best evidence if current guidance is dangerously out of date on the law on special measures? asks Laura Hoyano.’

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Counsel, May 2020

Source: www.counselmagazine.co.uk

Ivory ban upheld by Court of Appeal – UK Human Rights Blog

‘The overarching complaint was that the evidence base was insufficient. The appellant’s criticisms of Jay J’s analysis can be summarised as follows:

(i) wrongful use of the precautionary principle and the acceptance of inadequate evidence to support the bans;

(ii) failure to take account of the failings in the Impact Assessment which preceded the Bill and the according of too much deference to Parliament; and

(iii) violation of the principle of respect for property and the wrongful failure to require a right to compensation.’

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UK Human Rights Blog, 19th May 2020

Source: ukhumanrightsblog.com

Avoid frame-by-frame analysis of fast moving events and discussion of evidence in front of officers – UK Police Law Blog

‘In Goodenough v Chief Constable of Thames Valley Police [2020] EWHC 695 (QB), the High Court, Turner J, considered a claim for damages brought by Robin Goodenough’s mother and sister. The claims arose out of Mr Goodenough’s death on 27 September 2003 following a short car chase and traffic stop. The Claimants asserted that police officers had assaulted Mr Goodenough and that thereafter had been breaches of Article 2 of the Human Rights Act 1998. The case provides useful insights into the approach to be taken when conducting a judicial analysis of incidents such as this and may be relied upon by those arguing that an Art. 2 inquest is required in order to meet investigative short comings.’

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UK Police Law Blog, 12th May 2020

Source: ukpolicelawblog.com

Remote Hearings and Witness Evidence – Pump Court Chambers

Posted May 12th, 2020 in chambers articles, evidence, news, remote hearings, witnesses by sally

‘Remote hearings come with particular difficulties. One obvious difficulty is that the parties cannot see each other as well as they might in the courtroom. But how much of a problem is this?’

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Pump Court Chambers, 29th April 2020

Source: www.pumpcourtchambers.com

FINDINGS OF FACT………’Failure to protect’. – Becket Chambers

‘It is always good to return to basics and remind ourselves of the fundamental principle that ‘findings of fact’ must be based on evidence, and this can include inferences that can properly be drawn from the evidence’. A reminder that it is not on suspicion or simply speculation. (RE A (Fact Finding: Disputed Findings) [2011] EWCA Civ 12 [2011] 1 FLR 1817.’

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Becket Chambers, 5th May 2020

Source: becket-chambers.co.uk

Successful remote hearings: Shannon Woodley discusses the case of T v Derby City Council, A, B and X [2020] EWCA Civ 507 – Park Square Barristers

Posted May 7th, 2020 in child abuse, evidence, live link evidence, news, remote hearings by sally

‘On 7th April 2020, in one of the first hearings of its kind to be held remotely, the Court of Appeal set aside findings that a father perpetrated sexual abuse against his 9 year old daughter, X.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

‘Lady in the Lake’ murder: Gordon Park’s conviction upheld – BBC News

‘Three senior judges have rejected a posthumous appeal against the conviction of Gordon Park, the so-called “Lady in the Lake” killer.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk

Jeremy Bamber lawyers seek review of CPS refusal to disclose evidence – The Guardian

Posted April 30th, 2020 in Crown Prosecution Service, disclosure, evidence, judicial review, murder, news by sally

‘Lawyers representing Jeremy Bamber, who is serving a whole life sentence for killing five members of his family in 1985, will ask the high court to review the refusal of the Crown Prosecution Service to disclose evidence they believe could undermine his conviction.’

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The Guardian, 30th April 2020

Source: www.theguardian.com

Witness Statements: Overlong and Over-lawyered? – Hailsham Chambers

Posted April 1st, 2020 in chambers articles, drafting, evidence, news, witnesses by sally

‘As many legal commentators including the author have noted recently: long, complex and detailed statements served particularly on behalf of lay witnesses, but written by their legal teams, can be more of a hindrance than of assistance. Straightforward cross-examinations of such witnesses will frequently prove effective in at the very least exciting the suspicion of a court as to the reliability of such lay evidence, or worse, in some cases causing questions to be asked as to their credibility when the inevitable rhetorical question is asked in closing as to whether such a person ever really could have had a reasonable belief in the veracity of what the statement contained.’

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Hailsham Chambers, 27th March 2020

Source: www.hailshamchambers.com

UK broke law over IS ‘Beatles’ by passing information to US – BBC News

‘The UK acted unlawfully by passing evidence to the US that could lead to the execution of two British members of an Islamic State murder squad.’

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BBC News, 25th March 2020

Source: www.bbc.co.uk

Parties told to cut unnecessary content from witness statements – Litigation Futures

Posted March 25th, 2020 in evidence, limitations, news, witnesses by sally

‘A High Court judge who sat on the witness evidence working group has ordered witness statements in a case before him to be revised to remove inappropriate content.’

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Litigation Futures, 24th March 2020

Source: www.litigationfutures.com

CPS failed to tell inspectors of internal review revealing rape case failings – The Guardian

‘The Crown Prosecution Service conducted a secret internal review that exposed its failings in rape cases – but failed to share it with inspectors who were conducting an official inquiry for a major government investigation into rape, the Guardian can reveal.’

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The Guardian, 15th March 2020

Source: www.theguardian.com

Commercial Court ends “ready approval” of long witness statements – Litigation Futures

Posted March 16th, 2020 in Commercial Court, evidence, limitations, news, witnesses by sally

‘The current Commercial Court practice of readily granting applications seeking an extension of the 30-page limit for witness statements is to end, the judge in charge has said.’

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Litigation Futures, 12th March 2020

Source: www.litigationfutures.com

Sex offender’s hard drive in police commissioner’s safe for 14 years – BBC News

‘Indecent images of children could not be used as evidence because they were in a police commissioner’s safe.’

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BBC News, 12th March 2020

Source: www.bbc.co.uk

Judge attacks S&G for “wholly unacceptable” failure – Legal Futures

A High Court judge has strongly criticised Slater & Gordon (S&G) for a “wholly unacceptable” failure to give him a crucial letter when applying for an urgent injunction in a police misconduct case.

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Legal Futures, 4th March 2020

Source: www.legalfutures.co.uk

The unprecedented case of a third fact finding hearing – Garden Court Chambers

Posted March 3rd, 2020 in children, evidence, female genital mutilation, news, police, retrials by sally

‘The case concerns the following tragic background. A 10-year-old girl, S was found dead in her bedroom. She died of strangulation and suffered recent injuries to her genital area.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk