Police doctor warns of more miscarriages of justice in rape cases in row over DNA testing – Daily Telegraph

Posted December 21st, 2017 in DNA, doctors, evidence, forensic science, miscarriage of justice, news, police, rape by tracey

‘A police doctor has warned of potential miscarriages of justice in rape cases after medical examinations were outsourced to the private security company G4S.’

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Daily Telegraph, 20th December 2017

Source: www.telegraph.co.uk

Hillsborough slur about fans burning police horse false, says CPS – The Guardian

Posted December 18th, 2017 in evidence, horses, news, police, prosecutions, sport by sally

‘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.’

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The Guardian, 15th December 2017

Source: www.theguardian.com

MoJ rejects calls for ban on revealing sexual history in rape cases – The Guardian

Posted December 15th, 2017 in cross-examination, disclosure, evidence, news, rape by tracey

‘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.’

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The Guardian, 14th December 2017

Source: www.theguardian.com

Scotland Yard carrying out ‘urgent assessment’ after rape trial collapses – The Guardian

Posted December 15th, 2017 in Crown Prosecution Service, delay, disclosure, evidence, news, police, rape by tracey

‘Scotland Yard is carrying out an “urgent assessment” after a rape prosecution collapsed due to the late disclosure of evidence that undermined the case.’

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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.’

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Family Law, 8th December 2017

Source: www.familylaw.co.uk

Collateral waiver of privilege (Holyoake and another v Candy and others) – Hardwicke Chambers

Posted December 8th, 2017 in disclosure, evidence, news, privilege by sally

‘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.’

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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.’

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Family Law, 7th December 2017

Source: www.familylaw.co.uk

‘We believe you harmed your child’: the war over shaken baby convictions – The Guardian

Posted December 8th, 2017 in child abuse, child cruelty, evidence, expert witnesses, forensic science, news by sally

‘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?’

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The Guardian, 8th December 2017

Source: www.theguardian.com

Domestic violence victims will have legal aid limitations eased, say Ministry of Justice – The Independent

Posted December 5th, 2017 in domestic violence, evidence, legal aid, limitations, news, time limits, victims by tracey

‘The Ministry of Justice announced changes to give more support to those taking abusive former partners to court in family proceedings.’

MOJ press release

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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.’

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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

Posted November 30th, 2017 in evidence, families, inquests, media, news, police, witnesses by tracey

‘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.’

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Daily Telegraph, 29th November 2017

Source: www.telegraph.co.uk

Randox forensics inquiry: Police suspend drug-test contracts – BBC News

Posted November 28th, 2017 in contracting out, evidence, forensic science, news, police by sally

‘Police have suspended all contracts with a drug-testing company amid allegations of data manipulation.’

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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.’

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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.’

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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

Posted November 27th, 2017 in contracting out, criminal justice, evidence, forensic science, news by sally

‘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.’

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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

Posted November 24th, 2017 in contracts, evidence, news by sally

‘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.’

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Littleton Chambers, 8th November 2017

Source: www.littletonchambers.com

Regulator calls for better scrutiny of drug testing in family courts – The Guardian

Posted November 24th, 2017 in alcohol abuse, drug abuse, evidence, family courts, forensic science, news by tracey

‘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.’

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The Guardian, 24th November 2017

Source: www.theguardian.com

Interests of a bankrupt’s creditors remain of paramount importance (Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable) – Hardwicke Chambers

Posted November 23rd, 2017 in appeals, bankruptcy, evidence, news by sally

‘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.’

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Hardwicke Chambers, 14th November 2017

Source: www.hardwicke.co.uk

Poppi Worthington’s father to give evidence at inquest into her death – The Guardian

Posted November 23rd, 2017 in child abuse, evidence, inquests, news by sally

‘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.’

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The Guardian, 22nd November 2017

Source: www.theguardian.com

Age Assessment: Dental Assessments, Appearance and the Benefit of the Doubt – Garden Court Chambers

‘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.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk