evidence – Page 19 – Current Awareness

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.’

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.’

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”.’

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.’

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.’

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.’

The Guardian, 15th May 2018

Source: www.theguardian.com

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

Posted April 27th, 2018 in Criminal Cases Review Commission, criminal justice, evidence, legal history, prosecutions, speeches by tracey

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

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

Posted April 26th, 2018 in costs, disciplinary procedures, evidence, fees, misrepresentation, news, professional conduct, solicitors, tribunals by sally

‘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.’

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.’

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.’

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.’

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!).’

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.’

Family Law Week, 16th March 2018

Source: www.familylawweek.co.uk

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

Posted March 15th, 2018 in child abuse, Crown Prosecution Service, evidence, homicide, news, sexual offences, trials by tracey

‘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.’

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

Posted March 14th, 2018 in evidence, health & safety, misfeasance in public office, news, police, prosecutions, sport by sally

‘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.’

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.’

Legal Futures, 28th February 2018

Source: www.legalfutures.co.uk

Evidence not being disclosed on a daily basis, lawyers say in survey – BBC News

Posted February 28th, 2018 in criminal justice, Crown Prosecution Service, disclosure, evidence, news, solicitors by sally

‘More than 1,000 criminal lawyers in England and Wales have experienced disclosure of evidence failings in the last year, according to a BBC survey.’

BBC News, 27th February 2018

Source: www.bbc.co.uk

Third of all lawyers believe disclosure problems have led to miscarriages of justice – Daily Telegraph

Posted February 28th, 2018 in criminal justice, Crown Prosecution Service, disclosure, evidence, miscarriage of justice, news, sexual offences by sally

‘The scale of the disclosure crisis facing the criminal justice system has been laid bare, after a survey found that half of all lawyers were now running into problems on a daily basis and a third saying they believed it had resulted in wrongful convictions.’

Daily Telegraph, 27th February 2018

Source: www.telegraph.co.uk

Court of Appeal castigates judge who thought litigant with severe depression was “putting on act” – Litigation Futures

Posted February 15th, 2018 in appeals, costs, evidence, judges, mental health, news, setting aside by sally

‘A senior circuit judge who “clearly thought” that a litigant with severe depression was “putting on an act” has been strongly attacked by the vice-president of the civil division of the Court of Appeal.’

Litigation Futures, 15th February 2018

Source: www.litigationfutures.com

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