Phones that may hold child abuse images returned to suspects – The Guardian

‘Police are giving back to suspected paedophiles phones and computers that possibly hold child abuse images because they do not have the time or technology to search the devices, a report says.’

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The Guardian, 27th February 2020

Source: www.theguardian.com

‘How do I convince the Home Office I’m a lesbian?’ – BBC News

‘More than 1,500 people seek asylum in the UK on sexuality grounds every year.

The Home Office’s decision on whether to grant or refuse it depends on whether the interviewer finds the asylum-seeker’s account authentic and believable – but each interviewer may have his or her own assumptions about what an authentic and believable account should look like.’

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BBC News, 26th February 2020

Source: www.bbc.co.uk

Forensic science failures putting justice at risk, says regulator – The Guardian

‘Innocent people are being wrongly convicted and criminals are escaping justice because of the failure of the forensic science system to meet basic standards, the regulator has said.’

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The Guardian, 25th February 2020

Source: www.theguardian.com

Grenfell public inquiry delayed again over evidence concerns – The Guardian

Posted February 24th, 2020 in accidents, criminal justice, delay, evidence, fire, inquiries, negligence, news by sally

‘The Grenfell Tower public inquiry has been delayed again over demands from companies involved in the disastrous refurbishment that their evidence should not be used to help jail them.’

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The Guardian, 23rd February 2020

Source: www.theguardian.com

Impact on rape victims of police phone seizures to be reviewed – The Guardian

‘The impact on rape victims of police seizures of their mobile phones is to be examined as the Metropolitan police begin piloting a data inspection system designed to limit invasion of privacy.’

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The Guardian, 16th February 2020

Source: www.theguardian.com

The President’s Call For Evidence – First Thoughts – Transparency Project

‘It was last May, not long after he had dealt with journalist and TP member Louise Tickle’s successful appeal against a wrongly imposed reporting restriction order, that the President of the Family Division announced he would be holding a ‘Transparency Review’.’

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Transparency Project, 11th February 2020

Source: www.transparencyproject.org.uk

Jeremy Bamber lawyers say new evidence undermines conviction – The Guardian

Posted February 12th, 2020 in disclosure, documents, evidence, families, forensic science, murder, news, police, suicide by sally

‘Lawyers for Jeremy Bamber, who is serving a whole life sentence for murdering his family, have unearthed evidence that they say undermines the claim that it was “inconceivable” for his adoptive sister to have shot herself.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

Grenfell Tower inquiry backs protection for refurbishment firms giving evidence – BBC News

‘The chairman of the Grenfell Tower inquiry has backed a request from firms that refurbished the building that evidence they give should not be used against them in criminal prosecutions.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

Having the last word in financial remedies – Becket Chambers

Posted February 6th, 2020 in divorce, evidence, financial provision, housing, news by sally

‘The recent case of AR v ML [2019] EWFC 56 is a cautionary tale against adducing further evidence at a late stage in an attempt to have the last say within financial remedy proceedings.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Achieving Best Evidence in Family Cases involving allegations of sexual abuse – Pallant Chambers

Posted January 30th, 2020 in child abuse, evidence, family courts, news, witnesses by sally

‘A judgment was released earlier this week in the recent case EF, GH, IJ (care proceedings) [2019] EWFC which has highlighted a continuing failure of ABE interviewers failing to adhere to the guidance. It’s no surprise that extra care needs to be taken when conducting an interview with a child, after all Children are often poor historians, and many are suggestible: Re B (Allegation of Sexual Abuse: Child’s Evidence) [2006] 2 FLR 1071.’

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Pallant Chambers, 27th January 2020

Source: www.pallantchambers.co.uk

Grenfell Tower fire: Firms want immunity over evidence – BBC News

Posted January 30th, 2020 in evidence, fire, health & safety, immunity, inquiries, news, prosecutions by tracey

‘Firms involved in the refurbishment of Grenfell Tower have asked the public inquiry into the fire for a guarantee that anything they say in the hearings will not be used for any prosecution.’

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BBC News, 29th January 2020

Source: www.bbc.co.uk

Rent Repayment Orders, criminal standard, and new evidence on appeal – Nearly Legal

Posted January 20th, 2020 in appeals, evidence, housing, landlord & tenant, licensing, news, rent, tribunals by sally

‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’

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Nearly Legal, 19th January 2020

Source: nearlylegal.co.uk

One appeal, Two Bakers and Three tries at a fact finding – Transparency Project

Posted January 16th, 2020 in appeals, child abuse, evidence, news, sexual offences by sally

‘In D (Fact-finding appeal) [2019] EWCA Civ 2302 (20 December 2019) Lord Justice Baker gives the lead judgment concerning an appeal from His Honour Judge Baker. The upshot is that, the question of the child’s injuries having been the subject of two attempts at fact finding by His Honour Judge Baker (one a re-hearing in light of fresh evidence), the matter will now have to go back to a fresh judge for a third try. The little girl at the heart of the case is now 5 years old, her injuries were sustained two years ago and, as a consequence of the need to restart the fact finding process, her future will likely remain undecided for some months yet. She has been in foster care for 2 years, as has her brother who is briefly mentioned in the judgment.’

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Transparency Project, 15th January 2020

Source: www.transparencyproject.org.uk

Police reject judge’s call to apologise over wrongful conviction – The Guardian

Posted January 13th, 2020 in appeals, deceit, evidence, judges, miscarriage of justice, news, police, professional conduct by tracey

‘Police have refused to apologise to a man wrongly jailed for 25 years because officers lied at his trial, even after the now-retired appeal court judge who quashed the conviction told the Guardian that the force should say sorry.’

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The Guardian, 13th January 2020

Source: www.theguardian.com

Children: Public Law Update – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.’

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Family Law Week, 9th January 2020

Source: www.familylawweek.co.uk

Finding of Fundamental Dishonesty Against Claimant and Defendant Driver (Wise v Hegarty and Alpha Insurance) – 39 Essex Chambers

‘Personal injury analysis: Convincing telematics evidence, coupled with evidence of social media links between the claimant and defendant, was sufficient for a road traffic accident claim to be dismissed and findings of fundamental dishonesty to be made against both the claimant and first defendant. Fundamental dishonesty will be pursued by an insurance company even if the finding is made against their own insured. Emily Formby discusses the case for Lexis PSL.’

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39 Essex Chambers, 7th January 2020

Source: www.39essex.com

CPS ‘struggling to cope’ in disclosing evidence to defendants – report – The Guardian

Posted January 9th, 2020 in Crown Prosecution Service, disclosure, evidence, news, police, prosecutions, reports by tracey

‘A shortage of prosecutors and experienced police officers has left investigators “struggling to cope” with obligations to disclose key evidence to defendants in criminal trials, according to a critical inspectorate report.’

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The Guardian, 9th January 2020

Source: www.theguardian.com

Man, 81, seeks to quash conviction for apartheid protest – The Guardian

Posted January 6th, 2020 in appeals, demonstrations, disclosure, evidence, human rights, inquiries, news, police, spying by sally

‘An 81-year-old retired academic is seeking to overturn a criminal conviction he received after taking part in an anti-apartheid protest that had been infiltrated by an undercover police officer.’

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The Guardian, 6th January 2020

Source: www.theguardian.com

High Court quashes decision by council to refuse to accept second homelessness application over failure to consider new medical evidence – Local Government Lawyer

‘A Deputy High Court judge has quashed a decision by a borough council to refuse a claimant’s second homelessness application, after it failed to take into account new medical evidence.’

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Local Government Lawyer, 16th December 2019

Source: www.localgovernmentlawyer.co.uk

Reforms to English civil court witness statements to proceed – OUT-LAW.com

Posted December 12th, 2019 in drafting, evidence, news, witnesses by tracey

‘”Modest” proposals to standardise witness statements and improve compliance with the rules have been endorsed in principle by the Business and Property Courts (BPC); the specialist courts of the High Court of England and Wales.’

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OUT-LAW.com, 12th December 2019

Source: www.pinsentmasons.com