Appeal judge orders re-hearing of employment claim against council where most of written reasons of tribunal were copied from evidence or submissions of local authority – Local Government Lawyer

‘The Employment Appeal Tribunal has ordered a re-hearing of claims by an ex-employee against a local authority, after finding that most of the Employment Tribunal’s written reasons were copied from the council’s witness evidence or written submissions.’

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Local Government Lawyer, 26th November 2024

Source: www.localgovernmentlawyer.co.uk

Protected Conversations under section 111A of the Employment Rights Act – Kingsley Napley Employment Law Blog

Posted November 26th, 2024 in agreements, employment tribunals, evidence, news, redundancy, unfair dismissal by tracey

‘The recent EAT Judgment in Gallagher v McKinnon’s Auto and Tyres Limited is a useful decision for employers, having upheld the employer’s position regarding the inadmissibility of evidence relating to what was said in some pre-termination negotiations.’

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Kingsley Napley Employment Law Blog, 20th November 2024

Source: www.kingsleynapley.co.uk

Tribunal “copied most of ruling” from one side’s submissions – Legal Futures

Posted November 26th, 2024 in evidence, judgments, news, reasons, tribunals, witnesses by tracey

‘A judge has strongly criticised an employment tribunal (ET) that copied most of its reasons from the respondent’s witness evidence or written submissions.’

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Legal Futures, 26th November 2024

Source: www.legalfutures.co.uk

Lessons from Lieven J – Local Government Lawyer

‘Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.’

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Local Government Lawyer, 15th November 2024

Source: www.localgovernmentlawyer.co.uk

Immigration Newsletter (November 2024) – 4KBW

Posted November 14th, 2024 in chambers articles, evidence, news, practice directions by tracey

‘Immigration Newsletter (November 2024)’

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4KBW, 11th November 2024

Source: www.4kbw.co.uk

Equality Act assessors and open advice – Nearly Legal

‘Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch). This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured tenancy from Metropolitan from 2009. There had been complaints of anti social behaviour and Metropolitan brought possession proceedings.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Lucy Letby: police and CPS handling of case raises new concerns about convictions – The Guardian

‘When the public inquiry into the crimes of the former nurse Lucy Letby opened in Liverpool last month its chair, Lady Justice Thirlwall, dismissed concerns about the safety of the convictions as “noise”. The judge cautioned that questions being raised were increasing the distress of parents whose children had died or been harmed.’

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The Guardian, 10th October 2024

Source: www.theguardian.com

Lucy Letby: Experts tell BBC about medical evidence concerns – BBC News

Posted October 1st, 2024 in children, evidence, expert witnesses, hospitals, medical treatment, murder, news, nurses by tracey

‘Senior doctors and scientists have told the BBC they have concerns about how crucial evidence was presented to the jury at Lucy Letby’s trials.’

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BBC News, 1st October 2024

Source: www.bbc.co.uk

CPS twice did not prosecute Fayed over sex abuse claims – BBC News

‘The Crown Prosecution Service has said that it twice considered bringing charges against ex-Harrods owner Mohammed Al Fayed but concluded there was no realistic prospect of a conviction.’

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BBC News, 22nd September 2024

Source: www.bbc.co.uk

Tackling theft or improper use of confidential information in the civil courts – OUT-LAW.com

‘Businesses faced with the theft or unauthorised use of their confidential data have a suite of remedies available to them in the civil courts to recover that data or prevent its further use.’

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OUT-LAW.com, 19th September 2024

Source: www.pinsentmasons.com

Man ‘not had a life’ as 1990 murder conviction quashed – BBC News

Posted September 12th, 2024 in appeals, evidence, learning difficulties, murder, news, police interviews by tracey

‘A man with learning disabilities who says he felt under pressure to confess to murder says he has not “had a life” for the last 33 years.’

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BBC News, 11th September 2024

Source: www.bbc.co.uk

Sufficiency of directions in cases involving delay and prejudicial material: Dutta v GMC [2024] EWHC (Admin) 1217 – 2 Hare Court

Posted September 11th, 2024 in appeals, chambers articles, coronavirus, delay, evidence, news, tribunals by tracey

‘Dutta is a well-known name in professional discipline. In this more recent Dutta the High Court upheld certain grounds of appeal in relation to facts found by the MPT and remitted the matter back. However, the High Court rejected grounds which related to delay and the admissibility of evidence.’

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2 Hare Court, 9th September 2024

Source: www.2harecourt.com

Lucy Letby: Questions grow in debate on killer’s convictions – BBC News

Posted August 29th, 2024 in children, evidence, expert witnesses, hospitals, murder, news, nurses by sally

‘Lucy Letby has become arguably the most notorious serial killer of modern times.’

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BBC News, 29th August 2024

Source: www.bbc.co.uk

Tribunal criticises BSB for prosecuting “sleeping” barrister – Legal Futures

‘A disciplinary tribunal has sharply criticised the Bar Standards Board (BSB) for how it approached the prosecution of a barrister who provided clear medical evidence to explain why she struggled to stay awake during an inquest she was participating in online.’

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Legal Futures, 27th August 2024

Source: www.legalfutures.co.uk

Mother and son call for review of ‘harsh’ UK witness protection programme – The Guardian

‘A mother and son whose lives have been completely reshaped by living under witness protection have called for a wholesale review of the system, warning that instead of keeping people safe it can be “hostile” to innocents.’

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The Guardian, 27th August 2024

Source: www.theguardian.com

UK police special enquiry team to examine role of Washington Post chief in email deletions -The Guardian

Posted August 1st, 2024 in electronic mail, evidence, interception, media, news, police, telecommunications by tracey

‘A British police special enquiry team is examining allegations that Will Lewis, now the chief executive of the Washington Post, presided over the deliberate destruction of emails at Rupert Murdoch’s UK newspaper business when he worked for the company 13 years ago.’

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The Guardian , 31st July 2024

Source: www.theguardian.com

What restrictions are placed on defendants in climate protest trials? – The Guardian

‘The chaotic scenes inside and outside court at the trial of five people accused of conspiring to block traffic on the M25 in 2022 have highlighted restrictions placed on defendants in a number of climate protest trials that people are seeking to challenge, but risk falling foul of the law as they seek to do so. Here the Guardian explains the basis of the restrictions and why they are so contentious.’

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The Guardian, 11th July 2024

Source: www.theguardian.com

Risky calls: understanding the challenges and risks of using mobile phone data during homicide investigations – Policing and Society

Posted June 27th, 2024 in evidence, news, police, telecommunications by sally

‘Despite concerns having been voiced internationally about the validity and reliability of mobile phone evidence, there remain large gaps in our understanding of how police acquire and process mobile phone data, and the risks associated with this work. This paper fills some of these gaps by drawing upon qualitative data gathered during an ethnographic study of the role of forensic sciences and technologies in British homicide investigations. Specifically, we draw upon case papers, interviews, and observations to illuminate, from the perspective of police and prosecution actors, some of the opportunities, tensions, and risks encountered in accessing and processing mobile phone data during these inquiries. Our findings reveal several risks associated with current practice alongside broader complexities related to legislation, privatisation, and accreditation. We consider how these intertwined risks and challenges may undermine the reliability of mobile phone evidence and jeopardise criminal justice.’

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Policing and Society, 25th June 2024

Source: www.tandfonline.com

Court of Appeal hands down ruling on use of medical research literature in care proceedings – Local Government Lawyer

Posted June 27th, 2024 in causation, children, evidence, families, news, personal injuries by sally

‘The Court of Appeal has allowed appeals brought by a mother and a father against findings made by a judge that their infant son sustained an injury through an acceleration/deceleration event – attributable to “a lack of reasonable parental care”.’

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Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Housing association defeats High Court claim for wrongful eviction – Local Government Lawyer

Posted June 20th, 2024 in evidence, housing, news, repossession by sally

‘A tenant who alleged wrongful eviction by Clarion Housing Association has lost a High Court action in which His Honour Judge Simpkiss said he could not rely on any evidence given by the claimant unless backed up by “some other solid evidence”.’

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Local Government Lawyer, 20th June 2024

Source: www.localgovernmentlawyer.co.uk