Passing off: NGRS. v Bee Moved – NIPC Law

Posted June 18th, 2018 in evidence, misrepresentation, news by sally

‘This was an appeal from the decision of Mr Recorder Campbell QC in The National Guild of Removers And Storers Ltd v Bee Moved Ltd and others [2016] EWHC 3192 (IPEC) (13 Dec 2016) which was an action for passing off. The appeal was over what constitutes a misrepresentation for the purposes of passing off and whether new evidence should be allowed on appeal.’

Full Story

NIPC Law, 16th June 2018

Source: nipclaw.blogspot.com

Jeremy Thorpe: Police find ‘dead’ suspect alive, but will not reopen investigation – The Independent

Posted June 5th, 2018 in evidence, news, police by tracey

‘Police who believed a suspect in the Jeremy Thorpe scandal was dead have announced they have found him alive, but will not reopen an investigation.’

Full Story

The Independent, 5th june 2018

Source: www.independent.co.uk

Social media: its role in divorce and associated pitfalls – Family Law

Posted June 1st, 2018 in evidence, internet, news, privacy by sally

‘Media reports that celebrity baker Paul Hollywood and his estranged wife have used social media to indulge in some online taunting will comes as no surprise to many family lawyers.’

Full Story

Family Law, 1st June 2018

Source: www.familylaw.co.uk

The legal process for gender recognition – Family Law

Posted May 30th, 2018 in evidence, gender, news by sally

‘We have a legal system in the UK that recognises every individual as either a man or a woman and this is usually determined by what it says on your birth certificate. It is increasingly recognised and accepted however that gender identity (that is to say the gender we most identify with) is not always the same as the gender we are born into.’

Full Story

Family Law, 29th May 2018

Source: www.familylaw.co.uk

Carroll ‘massively disappointed’ by £200,000 fraud trial collapse – The Guardian

Posted May 25th, 2018 in disclosure, evidence, fraud, horse racing, news, sport by sally

‘Tony Carroll said on Thursday that the collapse of a six-week fraud trial, which arose from a complaint he made against a former employee, was “a massive disappointment” to him and owners at his Worcestershire yard. The veteran trainer issued a categorical denial of “any suggestion that I directed the defendant’s activity”, which was the contention put forward by James Hamer’s defence team during the trial at Hereford crown court.’

Full Story

The Guardian, 24th May 2018

Source: www.theguardian.com

Fraud trial collapses over disclosure of BHA evidence – The Guardian

Posted May 24th, 2018 in disclosure, evidence, fraud, horse racing, news, sport by tracey

‘A six-week racing-related fraud case has collapsed after a judge ruled material held by the police and the British Horseracing Authority had not been properly disclosed to the defence. The case arose out of a complaint by the trainer Tony Carroll that he had been defrauded by a former employee, James Hamer, but the defence contended that all relevant cash movements had been carried out at Carroll’s direction.’

Full Story

The Guardian, 23rd May 2018

Source: www.theguardian.com

“A rich display of competitive dishonesty”: Judge condemns parties for “festival of mendacity” – Litigation Futures

Posted May 23rd, 2018 in evidence, judges, news, trials by tracey

‘A High Court judge has described a case as “a festival of mendacity” in which every witness was “attempting to outdo the other in a rich display of competitive dishonesty”.’

Full Story

Litigation Futures, 22nd May 2018

Source: www.litigationfutures.com

Secret evidence leads to downgrade of convictions over Stoke shooting – The Guardian

Posted May 23rd, 2018 in appeals, conspiracy, evidence, firearms, grievous bodily harm, murder, news by tracey

‘Secret evidence that was not disclosed at trial has led to the overturning of the convictions of five men for conspiracy to murder following a shooting in Stoke-on-Trent in 2010.’

Full Story

The Guardian, 22nd May 2018

Source: www.theguardian.com

Oxford student wrongly accused of rape endured two years of hell because police were too busy with Jimmy Savile cases – Daily Telegraph

Posted May 18th, 2018 in Crown Prosecution Service, delay, evidence, news, police, prosecutions, rape, reports by tracey

‘An Oxford University student spent two years on bail accused of rape because police claimed they were too busy dealing with other reports in the wake of the Jimmy Savile scandal, a damning report has revealed.’

Full Story

Daily Telegraph, 17th May 2018

Source: www.telegraph.co.uk

Police mishandling digital evidence, forensic experts warn – The Guardian

Posted May 16th, 2018 in disclosure, evidence, forensic science, news, police by sally

‘Police officers are trampling over vital forensic evidence, are under-trained, and often do not know what they are looking for, MPs investigating digital disclosure problems have been told.’

Full Story

The Guardian, 15th May 2018

Source: www.theguardian.com

Speech by Sir Brian Leveson: The Pursuit of Criminal Justice – Courts and Tribunals Judiciary

‘Speech by Sir Brian Leveson: The Pursuit of Criminal Justice.’

Full speech

Courts and Tribunals Judiciary, 26th April 2018

Source: www.judiciary.gov.uk

SDT criticises solicitor for “misleading” evidence on husband’s £80,000 investment in firm – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has strongly criticised a solicitor who gave “misleading” evidence on her husband’s £80,000 investment in a personal injury firm, which it said encouraged her to pay banned referral fees.’

Full Story

Legal Futures, 26th April 2018

Source: www.legalfutures.co.uk

Litigant’s claim struck out for discussing case during break in giving evidence – a cautionary tale – Transparency Project

Posted April 19th, 2018 in appeals, BBC, employment tribunals, evidence, media, news, striking out, witnesses by sally

‘It’s one of the cardinal rules of court procedure: once you’ve entered the witness box and started to give evidence, you mustn’t discuss the case with anyone outside court, if there’s a break in the proceedings, until you’ve finished giving evidence.’

Full Story

Transparency Project, 15th April 2018

Source: www.transparencyproject.org.uk

High Court: claimant who gave “misleading impression” not fundamentally dishonest – Litigation Futures

Posted April 18th, 2018 in evidence, fundamental dishonesty, news, personal injuries by sally

‘A personal injury claimant who gave a “misleading impression” of his injuries was not fundamentally dishonest, the High Court has ruled.’

Full Story

Litigation Futures, 17th April 2018

Source: www.litigationfutures.com

‘Paedophile hunter’ evidence used to charge 150 suspects – BBC News

Posted April 10th, 2018 in evidence, news, private investigators, volunteers by tracey

‘Evidence from so-called paedophile hunter groups was used to charge suspects at least 150 times last year, a BBC investigation has found. A Freedom of Information request, sent to every police force in England and Wales, showed a seven-fold increase in the use of such evidence from 2015.’

Full Story

BBC News, 10th April 2018

Source: www.bbc.co.uk

Witness “was not a reliable historian” – Practical Law: Construction Blog

Posted March 27th, 2018 in construction industry, evidence, news, witnesses by tracey

‘I like reading Fraser J’s judgments. Where else would you get phrases such as “banter in a public house during consumption of a gallon of ale (or lager)” and “quite apart from any illumination of the wisdom (or otherwise) of discussing (still less agreeing) incentive payments of such extraordinary size at an evening of drinking in the Horse & Groom”, nestled in among legal analysis? (He was talking about Blue v Ashley, which I’m sure was an interesting informal business meeting!).’

Full Story

Practical Law: Construction Blog, 27th March 2018

Source: constructionblog.practicallaw.com

Lawyers, Legal Language and Fact-finding Hearings under Part IV of the Children Act 1989 – Family Law Week

Posted March 23rd, 2018 in care orders, domestic violence, evidence, families, family courts, news by tracey

‘David Bedingfield, barrister of 4 Paper Buildings, discusses what lessons can be learned from the Court of Appeal’s judgment in R (Children) [2018] EWCA Civ 198.’

Full Story

Family Law Week, 16th March 2018

Source: www.familylawweek.co.uk

CPS rules out review of Poppi Worthington’s death – The Guardian

‘Poppi Worthington’s mother has said she may never learn the “devastating truth” behind her daughter’s death after prosecutors ruled out a review of the case.’

Full Story

The Guardian, 15th March 2018

Source: www.theguardian.com

Hillsborough disaster: CPS will not charge five police officers over deaths of 96 Liverpool fans – The Independent

‘Five police officers involved in the Hillsborough disaster and subsequent investigation will not be charged over an alleged “cover-up” over the deaths of 96 Liverpool fans.’

Full Story

The Independent, 14th March 2018

Source: www.independent.co.uk

Solicitor loses appeal against order to give evidence on Russian client’s assets and not tip him off about it – Legal Futures

Posted March 1st, 2018 in appeals, confidentiality, evidence, news, notification, privilege, solicitors by sally

‘A solicitor compelled to give evidence about a billionaire Russian client’s assets, and forbidden from revealing his court appearance to the client, has lost his appeal against those orders.’

Full Story

Legal Futures, 28th February 2018

Source: www.legalfutures.co.uk