‘The government’s forensic regulator has called for fresh scrutiny of drug and alcohol testing carried out for the family courts, after a scandal at a Manchester laboratory raised doubts about the quality of evidence used in thousands of child custody proceedings.’
The Guardian, 24th November 2017
Source: www.theguardian.com
‘Lina Mattsson outlines the recent restructuring and insolvency case, Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable. She explains that this appeal reaffirms that even in situations with exceptional circumstances, the interests of a bankrupt’s creditors remain of paramount importance and that cogent evidence is crucial to support any application to suspend possession.’
Hardwicke Chambers, 14th November 2017
Source: www.hardwicke.co.uk
‘A father alleged to have sexually assaulted his 13-month-old daughter shortly before she collapsed and died is to give evidence in person at her inquest in Kendal next week.’
The Guardian, 22nd November 2017
Source: www.theguardian.com
‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘A UK Supreme Court judge has launched the first of a series of scientific guides for the judiciary.’
BBC News, 22nd November 2017
Source: www.bbc.co.uk
‘A judge has held a vending machine company responsible for fire damage at a further education college after a complex dispute involving conflicting views among expert witnesses.’
Local Government Lawyer, 21st November 2017
Source: www.localgovernmentlawyer.co.uk
‘UK Anti-Doping (Ukad) have closed their investigation into British Cycling and Team Sky, deeming it “impossible” to determine the contents of a Jiffy bag delivered to Sir Bradley Wiggins at the Critérium du Dauphiné in June 2011.’
The Independent, 15th November 2017
Source: www.independent.co.uk
‘When I read Fraser J’s judgment in Riva Properties Ltd v Foster + Partners Ltd, the thing that struck me was how, in adjudication, we don’t always get the benefit of seeing the evidence tested to the same degree as you do in court or arbitration proceedings.’
Practical Law: Construction Blog, 14th November 2017
‘A man has been ordered to pay £12,000 to a council after a court found he falsely claimed he was injured by tripping in a pothole.’
Local Government Lawyer, 9th November 2017
Source: www.localgovernmentlawyer.co.uk
‘A senior police officer is being investigated over evidence he gave to a public inquiry into the death of an unarmed man who was shot by police.’
BBC News, 9th November 2017
Source: www.bbc.co.uk
‘Covert recording is no longer limited to the realms of spies and detectives. With advancements in technology anyone can takeout their phone and record without anyone else knowing. The technology (including spy ware) is readily available and relatively inexpensive so it’s inevitable that people will seek to use it. It is now the case that practitioners are frequently seeing covert recordings arise in the context of family proceedings which involve the recording of family members, children and professionals. This may be a result of what is perceived to be a growing mind set of distrust in the competency of the family justice system and professionals working within it or because individuals are simply hoping to bolster their case with the footage they have obtained.’
Family Law, 6th November 2017
Source: www.familylaw.co.uk
‘A mother who says she was raped by a stranger has now set up a crowdfunding page to bring her alleged attacker to justice.’
The Independent, 6th November 2017
Source: www.independent.co.uk
‘Family analysis: Farooq Ahmed, barrister at Westgate Chambers, considers the Court of Appeal’s decision in Re B (A Child) and how practitioners should consider whether to introduce covert recordings in family proceedings.’
Family Law, 1st November 2017
Source: www.familylaw.co.uk
‘Police in Leicestershire have released a distressing short film designed to improve conviction rates for rape and serious sexual assaults.’
The Independent, 31st October 2017
Source: www.independent.co.uk
‘A social worker has appeared before a professional disciplinary panel after she was found by a judge to have fabricated evidence to bolster the case for removing a child from the mother’s care and then lied in court about having done so.’
The Guardian, 31st October 2017
Source: www.theguardian.com
‘Last week Sir James Munby, President of the Family Division of the High Court, said that covert recording had become a ‘much more pressing issue’ in family proceedings. In particular he highlighted the increased prevalence of recordings of children, other family members and even professionals being placed before the courts as evidence to support one party’s position or to undermine the others.’
Family Law, 27th October 2017
Source: www.familylaw.co.uk
‘An anonymous witness in the Pentonville prison murder trial pulled out of giving evidence when his cover was blown after less than an hour in court.’
BBC News, 25th October 2017
Source: www.bbc.co.uk
‘The Court of Appeal delivered judgment in Re B (A Child) [2017] EWCA Civ 1579 last week. In it they consider (but do not resolve) the question of how the Family Court should deal with evidence obtained by covert recording. Whilst it took the Court of Appeal almost a year from the hearing of the appeal to the delivery of judgment (see our post about the appeal hearing itself here), this particular potato remains red hot. The topic of recording – covertly or overtly, of social workers or children or otherwise – is discussed daily on private groups on Facebook, openly on other social media platforms – and, from time to time, in judgments of the Family Court and by lawyers.’
Transparency Project, 24th October 2017
Source: www.transparencyproject.org.uk
‘The government is to press ahead with reform of legal aid fees paid to solicitors in criminal cases – despite 97% of submissions to a consultation vehemently opposing the plans. Representative bodies have this afternoon condemned the decision as ‘reckless’, claiming it places justice in jeopardy.’
Law Society Gazette, 24th October 2017
Source: www.lawgazette.co.uk
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