Rape case collapses after ‘cuddling’ photos emerge – BBC News
‘A rape case has collapsed after images emerged of the accused and his alleged victim “cuddling” in bed together.’
BBC News, 15th January 2018
Source: www.bbc.co.uk
Category: evidence
Changes to domestic violence evidence requirements come into effect – Ministry of Justice
‘From today (8 January 2018), victims of domestic violence will get more support in taking abusive former partners to court.’
Ministry of Justice, 8th January 2018
Source: www.gov.uk
Changes to legal aid for victims of domestic abuse in force on Monday – Legal Aid Handbook
‘Funding for private family law cases is generally only available where the applicant for legal aid can show that they are a victim of domestic abuse, or where they can show that the aim of the proceedings is to protect a child at risk of abuse from a third party (such applications are in scope because of Paras 12 and 13 of Part 1 Schedule 1 of LASPO; see also Chapter 6 of the Handbook). Until the successful challenge to the original regulations by Rights of Women, there was a requirement that the evidence in support of the application had to be no more than 2 years old. Following the litigation, that was extended to 5 years.’
Legal Aid Handbook, 7th January 2018
Source: legalaidhandbook.com
Judge criticises prosecutors after another blunder in a sex case – Daily Telegraph
‘A judge has criticised prosecutors after they failed to hand over crucial evidence that could have exonerated a wealthy businessman standing trial for alleged sexual assault.’
Daily Telegraph, 2nd January 2018
Source: www.telegraph.co.uk
Police doctor warns of more miscarriages of justice in rape cases in row over DNA testing – Daily Telegraph
‘A police doctor has warned of potential miscarriages of justice in rape cases after medical examinations were outsourced to the private security company G4S.’
Daily Telegraph, 20th December 2017
Source: www.telegraph.co.uk
Hillsborough slur about fans burning police horse false, says CPS – The Guardian
‘The Crown Prosecution Service has found that a notorious slur against Liverpool supporters after the 1989 Hillsborough disaster, that some people trapped in the crush outside the Leppings Lane turnstiles had seriously burned a police horse, was false.’
The Guardian, 15th December 2017
Source: www.theguardian.com
MoJ rejects calls for ban on revealing sexual history in rape cases – The Guardian
‘The Ministry of Justice has rejected calls for a ban on rape complainants’ sexual history being revealed in court, saying cross-examination should continue to be allowed in exceptional circumstances.’
The Guardian, 14th December 2017
Source: www.theguardian.com
Scotland Yard carrying out ‘urgent assessment’ after rape trial collapses – The Guardian
‘Scotland Yard is carrying out an “urgent assessment” after a rape prosecution collapsed due to the late disclosure of evidence that undermined the case.’
The Guardian, 15th December 2017
Source: www.theguardian.com
Evidence of children and vulnerable witnesses: Part 1 – Family Law
‘This article (the first of two) considers the evidence of any witness in family proceedings where that evidence diverges from the general procedural rules (as explained below) for evidence in family proceedings.’
Family Law, 8th December 2017
Source: www.familylaw.co.uk
Collateral waiver of privilege (Holyoake and another v Candy and others) – Hardwicke Chambers
‘Dispute Resolution analysis: When is it appropriate to waive privilege during the course of civil proceedings, and what are the risks if you do? These questions regularly create difficulties for litigators, and a variant of them arose during the trial of Holyoake v Candy. Roger Stewart QC, of 4 New Square, Richard Fowler, of Maitland Chambers, and John Beresford, of Hardwicke Chambers, who appeared for the claimants, examine the issues and say being able to advise with reasonable assurance as to the scope of any collateral waiver will be key to the decision on whether privilege ought to be intentionally waived.’
Hardwicke Chambers, 5th December 2017
Source: www.hardwicke.co.uk
Unreliable forensic toxicology tests – next steps – Family Law
‘Family analysis: The Ministry of Justice (MoJ) has announced that it is treating some hair strand test results as potentially unreliable. Maud Davis, partner at TV Edwards LLP looks at what this could mean for proceedings involving children where there was a reliance on hair strand testing, and suggests next steps for family practitioners advising in this area.’
Family Law, 7th December 2017
Source: www.familylaw.co.uk
‘We believe you harmed your child’: the war over shaken baby convictions – The Guardian
‘Expert witnesses who claim parents have been wrongly accused have been vilified and struck off. But the science is anything but certain. What happens to the truth when experts can’t agree?’
The Guardian, 8th December 2017
Source: www.theguardian.com
Domestic violence victims will have legal aid limitations eased, say Ministry of Justice – The Independent
‘The Ministry of Justice announced changes to give more support to those taking abusive former partners to court in family proceedings.’
The Independent, 4th December 2017
Source: www.independent.co.uk
New hot-tubbing and ‘costs of costs management’ rules come into force – Litigation Futures
‘Variations that judges can adopt in orders for concurrent expert evidence – known as ‘hot-tubbing’ – came into force last week, along with a new provision that clarifies how the costs of costs management should be calculated.’
Litigation Futures, 1st December 2017
Source: www.litigationfutures.com
Poppi Worthington inquest: father refuses to answer 69 questions over 13 month-old’s death – Daily Telegraph
‘The father of Poppi Worthington refused to answer 69 questions relating to her death in case it incriminated him as it emerged he is now under witness protection.’
Daily Telegraph, 29th November 2017
Source: www.telegraph.co.uk
Randox forensics inquiry: Police suspend drug-test contracts – BBC News
‘Police have suspended all contracts with a drug-testing company amid allegations of data manipulation.’
BBC News, 27th November 2017
Source: www.bbc.co.uk
Dodgy drug test results – what should I do? – Transparency Project
‘On 21 November the Ministry of Justice and Her Majesty’s Courts and Tribunal’s Service issued advice for those concerned about potentially unreliable forensic toxicology (drug) tests in some family cases. The advice also relates to criminal trials, but this post looks at the issue for people who have been involved with a family court case and who are worried that the test results may have been dodgy.’
Transparency Project, 23rd November 2017
Source: www.transparencyproject.org.uk
Guidance on unreliable or manipulated forensic toxicology tests – Family Law
‘The Ministry of Justice (MoJ) has released guidance for those concerned about potentially unreliable forensic toxicology tests. This follows police investigations into the potential manipulation of forensic toxicology test results at two private companies, Trimega Laboratories Limited and Randox Testing Services. The test results were used as expert evidence in England and Wales. The guidance includes examples which aim to help people understand where toxicology tests may have been used as part of decision making in court cases, and provides advice for those who believe their case may have been adversely affected by manipulated test results.’
Family Law, 24th November 2017
Source: www.familylaw.co.uk
Dubious forensic evidence? That’s what happens when we sell off public services – The Guardian
‘The recent mass review of 10,000 criminal case samples shows what can happen when commercial demands get in the way of vital public services.’
The Guardian, 27th November 2017
Source: www.theguardian.com
Charlotte Davies on Recent Cases on Oral Contracts – Sailing to Victory via the Horse & Groom – Littleton Chambers
‘Charlotte Davies looks at two recent decisions of the Commercial Court that provide useful illustrations of the Court’s approach to cases involving alleged oral contracts and demonstrate some of the pitfalls in such claims.’
Littleton Chambers, 8th November 2017
Source: www.littletonchambers.com
