Closed judgments: security, accountability and court processes – UK Human Rights Blog

‘A new practice direction reveals some valuable progress in the management of closed judgments, but leaves uncertainty and, very worryingly, indicates that some judgments will be destroyed.’

Full Story

UK Human Rights Blog, 25th January 2019

Source: ukhumanrightsblog.com

Court berates “most unsatisfactory” expert evidence – Litigation Futures

Posted January 24th, 2019 in Commercial Court, evidence, expert witnesses, news by tracey

‘Claimants and their lawyers could not just blame their expert for the “most unsatisfactory” state of his evidence, the Commercial Court has said in refusing to allow them to bring an important part of a huge commercial claim. Mr Justice Males said parties and their lawyers had to step in when they were aware of a problem.’

Full Story

Litigation Futures, 24th January 2019

Source: www.litigationfutures.com

Gosport hospital deaths: Evidence ‘strong enough to bring charges’ – BBC News

Posted January 21st, 2019 in evidence, homicide, hospitals, murder, news by tracey

‘There is “strong” evidence to bring criminal charges after the deaths of hundreds of patients at Gosport War Memorial Hospital, the detective who led an investigation believes.’

Full Story

BBC News, 20th January 2019

Source: www.bbc.co.uk

‘IS Beatles’: Mother loses high court challenge over evidence – BBC News

Posted January 18th, 2019 in evidence, execution, extradition, Islam, news, terrorism by tracey

‘A mother has lost a High Court challenge against the UK’s sharing of evidence on two suspected Islamic State fighters without seeking assurances they would not face the death penalty.’

Full Story

BBC News, 18th January 2019

Source: www.bbc.co.uk

Child abuse inquiry refuses to publish evidence on Gove phone call claim – The Guardian

Posted January 14th, 2019 in child abuse, child cruelty, children, disclosure, evidence, inquiries, news by tracey

‘A public inquiry has refused to publish evidence that could shed light on an allegation that Michael Gove intervened in a child sexual abuse investigation.
He has been accused of trying, during his time as education secretary, to find out about an investigation into a priest suspected of abusing a boy at a boarding school.
The accusation has been made by two witnesses who have testified to the Independent Inquiry into Child Sexual Abuse (IICSA).’

Full Story

The Guardian, 14th January 2018

Source: www.theguardian.com

Ep. 60: Doctor knows best? – Law Pod UK

Posted January 8th, 2019 in doctors, evidence, negligence, news, professional conduct by sally

‘James Badenoch QC has spent thirty-five years fighting medical negligence cases. He talks to Rosalind English about the “doctor knows best” rule of evidence, and how that has come under attack in recent years.’

Full Story

Law Pod UK, 7th January 2019

Source: audioboom.com

Most police forces fail to meet fingerprint evidence standards – The Guardian

Posted January 7th, 2019 in evidence, fingerprints, forensic science, news, police, standards by sally

‘Less than 10% of police forces have met basic quality standards for fingerprint evidence, the government’s forensic science regulator has warned.’

Full Story

The Guardian, 7th January 2019

Source: www.theguardian.com

Children: Public Law Update (December 2018) – Family Law Week

Posted December 14th, 2018 in care orders, child abuse, disclosure, evidence, family courts, identification, news, police, proof by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

Full Story

Family Law Week, 13th December 2018

Source: www.familylawweek.co.uk

The pen: mightier than the word? – New Law Journal

Posted December 11th, 2018 in civil justice, civil procedure rules, costs, evidence, news, witnesses by sally

‘John A. Kimbell QC considers a new review of the rules on witness evidence in the Business & Property Courts.’

Full Story

New Law Journal, 12th November 2018

Source: www.newlawjournal.co.uk

More than 40 drug driving convictions overturned in probe over ‘data manipulation’ at forensics lab – The Independent

‘More than 40 drug driving prosecutions have so far been quashed over the manipulation of data at a forensics laboratory charged with testing samples from across the UK.’

Full Story

The Independent, 6th December 2018

Source: www.independent.co.uk

Letters to art experts not covered by litigation privilege – Litigation Futures

‘Letters between Sotheby’s and two art experts concerning the authenticity of an Old Master painting sold for over $11m are not covered by litigation privilege, the High Court has ruled.’

Full Story

Litigation Futures, 27th November 2018

Source: www.litigationfutures.com

Bus driver sacked for positive cocaine test awarded £40k as tribunal agrees drug came from students’ notes – Daily Telegraph

‘A bus driver who was sacked for testing positive for cocaine has been awarded £40,000 after a tribunal ruled the drug could have got into his system when he licked his fingers after accepting notes from students.’

Full Story

Daily Telegraph, 20th November 2018

Source: www.telegraph.co.uk

Rape victims’ mobile phones will not be seized ‘as a matter of course’, new director of public prosecutions says – The Independent

Posted November 14th, 2018 in evidence, news, prosecutions, rape, search & seizure, victims by sally

‘Rape victims’ mobile phones will not be seized “as a matter of course” in criminal investigations, the new head of the Crown Prosecution Service (CPS) has said.’

Full Story

The Independent, 13th November 2018

Source: www.independent.co.uk

The challenges facing England’s new prosecution chief – BBC News

Posted November 14th, 2018 in budgets, Crown Prosecution Service, disclosure, evidence, news, prosecutions by sally

‘Max Hill QC takes up his role as head of the Crown Prosecution Service (CPS), the chief agency for conducting criminal prosecutions in England and Wales, at a hugely challenging time.’

Full Story

BBC News, 13th November 2018

Source: www.bbc.co.uk

Information Commissioner called to investigate ‘antiquated and wrong’ demands for rape victims’ records – The Independent

Posted November 12th, 2018 in disclosure, evidence, news, police, privacy, prosecutions, rape, sexual offences, telecommunications by tracey

‘Campaigners are demanding a full investigation into “antiquated and wrong” demands for access to rape victims’ mobile phone data and personal records. The Information Commissioner’s Office (ICO) is considering widening an existing probe into the use of claimants’ information, amid claims that prosecutors are making increasingly intrusive demands.’

Full Story

The Independent, 11th November 2018

Source: www.independent.co.uk

Home Office admits people were wrongly denied UK status after refusing to provide DNA evidence – The Independent

Posted October 25th, 2018 in DNA, evidence, families, news, visas by tracey

‘The Home Office has admitted that people have been wrongly denied UK status after refusing to provide DNA evidence in a breach of its own policy. Sajid Javid, the home secretary, said the government had illegally demanded DNA evidence in family visa cases, with at least seven people denied the right to stay in Britain because they refused to provide DNA samples to prove family ties.’

Full Story

The Independent, 25th October 2018

Source: www.independent.co.uk

Family law 2018: on divorce reform – Family Law

Posted October 23rd, 2018 in bills, case management, divorce, evidence, families, marriage, news by sally

‘David Burrows assesses the government’s proposals for an overhaul of divorce law, and supplies some suggestions of his own.’

Full Story

Family Law, 22nd October 2018

Source: www.familylaw.co.uk

Harassment – when new evidence isn’t – Nearly Legal

‘This was Homelets of Bath appeal from first instance judgment against them on Ms T’s claim for harassment under Prevention of Harassment Act 1997 and Protection from Eviction Act 1977, and assault and false imprisonment, with damages to be assessed.’

Full Story

Nearly Legal, 21st October 2018

Source: nearlylegal.co.uk

Data gathering ‘may deny rape victims access to justice – The Guardian

Posted October 17th, 2018 in consent, criminal justice, data protection, disclosure, evidence, news, police, privacy, rape, victims by sally

The intrusive gathering of data about possible rape victims is unlawful and risks preventing them coming forward, according to London’s victims’ commissioner.

Full Story

The Guardian, 17th October 2018

Source: www.theguardian.com

Man on trial a second time for 1986 murders of Brighton schoolgirls – The Guardian

Posted October 17th, 2018 in child abuse, children, evidence, forensic science, murder, news, trials by sally

‘A paedophile accused of killing two nine-year-old girls more than three decades ago has gone on trial for a second time as prosecutors seek to draw on scientific advances in forensics on top of evidence from an original trial.’

Full Story

The Guardian, 16th October 2018

Source: www.theguardian.com