Category: evidence

Where to draw the line? – Tanfield Chambers

Posted August 22nd, 2017 in boundaries, evidence, news by sally

‘Boundary disputes are among the most expensive and acrimonious litigation. It is rare to find an area of law in which a “point of principle” so often leads to such disregard of otherwise compelling considerations such as time, energy and cost. Kerry Bretherton QC of Tanfield Chambers provides a summary of some of the main legal principles applicable in boundary disputes that RICS professionals should be aware of.’

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Tanfield Chambers, 9th August 2017

Source: www.tanfieldchambers.co.uk

Privy Council: ‘fairness’ central to whether evidence must be put to party at trial – OUT-LAW.com

Posted August 21st, 2017 in cohabitation, cross-examination, evidence, news, Privy Council, shareholders by sally

‘The question of whether a case will fall if a judge rejects a party’s evidence on grounds which that party has not had a chance to explain during the trial should be based on whether the overall trial is fair, senior UK judges have indicated.’

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OUT-LAW.com, 18th August 2017

Source: www.out-law.com

Ann Maguire’s family lose legal challenge over inquest evidence – BBC News

Posted August 15th, 2017 in evidence, families, inquests, news, school children, witnesses by sally

‘The widower and children of a teacher murdered by a student have lost their legal challenge against a coroner’s decision not to call pupils as witnesses at a forthcoming inquest.’

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BBC News, 14th August 2017

Source: www.bbc.co.uk

Rape juries to hear more about men’s sexual history to increase chance of conviction – Daily Telegraph

Posted August 9th, 2017 in evidence, juries, news, prosecutions, rape by sally

‘Jurors in rape trials will be told more about the previous sexual behaviour of male defendants in a bid to increase the chances of conviction.’

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Daily Telegraph, 8th August 2017

Source: www.telegraph.co.uk

Greater Manchester police investigated over evidence in fatal shootings – The Guardian

Posted August 2nd, 2017 in complaints, evidence, firearms, news, police, unlawful killing by sally

‘Officers from Greater Manchester police are being investigated over evidence they gave following two fatal shootings, the police watchdog has said.’

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The Guardian, 1st August 2017

Source: www.theguardian.com

The cost of resisting disclosure of sensitive police material in family proceedings – UK Police Law Blog

Posted July 31st, 2017 in closed material, costs, disclosure, documents, evidence, family courts, legal representation, news, police by sally

‘Who pays the costs of Special Advocates where closed material procedures are required to consider sensitive police documents in family proceedings? The police, according to Cobb J in Re R (Closed Material Procedure: Special Advocates: Funding) [2017] EWHC 1793 (Fam).’

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UK Police Law Blog, 30th July 2017

Source: ukpolicelawblog.com

Reality Check: What does legally changing gender involve? – BBC News

Posted July 25th, 2017 in consultations, documents, driving licences, evidence, gender, news, passports by sally

‘It can take more than five years for trans men and women in England and Wales to legally change their gender under the current system.’

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BBC News, 24th July 2017

Source: www.bbc.co.uk

Head of review into historic sexual abuse in English football appeals for abuse survivors to come forward – The Independent

Posted July 24th, 2017 in child abuse, evidence, inquiries, news, sexual offences, sport, victims by sally

‘The head of the review into historic sexual abuse in English football has appealed to abuse survivors to come forward and tell their stories.’

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The Independent, 23rd July 2017

Source: www.independent.co.uk

Cant Pay – Nearly Legal

Posted July 24th, 2017 in evidence, housing, landlord & tenant, leases, local government, London, news, service charges by sally

‘It is rare, if we are entirely honest, for a First Tier Tribunal decision on service charges to be exciting. It is even rarer for there to be mystery and police raids, and “Immunity from Treason” notices, and debts of “Trillions of pounds”, and something called an ‘equity lawyer’. Yet here they all are, and more, in what on the face of it was a dispute over annual service charges of about £1200.’

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Nearly Legal, 23rd July 2017

Source: nearlylegal.co.uk

Judge refuses permission in latest state aid challenge over sports stadium – Local Government Lawyer

Posted July 19th, 2017 in delay, evidence, judicial review, leases, local government, news, sport, state aids by sally

‘A High Court judge has refused the owners of Coventry City Football Club permission to seek judicial review in their latest state aid challenge over decisions taken by Coventry City Council.’

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Local Government Lawyer, 18th July 2017

Source: www.localgovernmentlawyer.co.uk

Trial of Cardiff Three police collapsed due to human error, inquiry finds – The Guardian

Posted July 19th, 2017 in disclosure, evidence, miscarriage of justice, murder, news, police, reports, trials by sally

‘The collapse of a trial of police officers accused of framing innocent men for murder collapsed due to human error, not corruption, an official report has concluded.’

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The Guardian, 18th July 2017

Source: www.theguardian.com

Attorney General’s speech at the International Justice Day event – Attorney General’s Office

Posted July 18th, 2017 in attorney general, evidence, prosecutions, speeches, terrorism, war, war crimes by sally

‘Attorney General discusses the importance of evidence gathering in Syria and Iraq to enable domestic prosecutions.’

Full speech

Attorney General’s Office, 17th july 2017

Source: www.gov.uk/ago

Police failing to disclose crucial evidence about defendants, report finds – The Independent

Posted July 18th, 2017 in criminal justice, disclosure, evidence, news, police, reports by sally

‘The police and Crown Prosecution Service have been accused of failing to disclose crucial information about cases, resulting in defendants’ right to a fair trial potentially being undermined, according to a new report. Compiled by HM Inspectorate of Constabulary and the HM Crown Prosecution Service Inspectorate, it found that it was rare for police officers to tell prosecutors about evidence that could undermine their case or assist the accused’s – known in legal terms as unused material.’

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Full report

The Independent, 18th July 2017

Source: www.independent.co.uk

The Grenfell Tower inquiry: is Moore-Bick the fact-finder for the job? – Legal Futures

Posted July 11th, 2017 in evidence, fire, judges, news by sally

‘If you write a blog on civil procedure, it is not hard to steer a course away from the issues of the day.

However, there is one issue of the day that is hard to ignore. The criticisms of the appointment of Sir Martin Moore-Bick to chair the inquiry into the Grenfell Tower disaster.’

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Legal Futures, 11th July 2017

Source: www.legalfutures.co.uk

UK arms sales to Saudi Arabia ruled lawful – BBC News

Posted July 10th, 2017 in evidence, export controls, news, Saudi Arabia, war, weapons by sally

‘UK government arms sales to Saudi Arabia are lawful, the High Court has ruled, after seeing secret evidence.’

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BBC News, 10th July 2017

Source: www.bbc.co.uk

Janine Wolstenholme Reviews a Recent Case on Relief from Sanctions – Park Square Barristers

Posted July 5th, 2017 in adjournment, appeals, documents, evidence, judges, news, personal injuries, road traffic, sanctions, solicitors, striking out, witnesses by sally

‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’

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Park Square Barristers, 27th June 2017

Source: www.parksquarebarristers.co.uk

Strike out of Claim due to Solicitor’s failure to comply with Court Orders – Park Square Barristers

Posted July 5th, 2017 in adjournment, appeals, case management, civil procedure rules, documents, evidence, judges, news, sanctions, solicitors, striking out, witnesses by sally

‘In Reece Gladwin v Adrian Bogescu [2017] EWHC 1287 (QB) the Court was concerned with an appeal by the Defendant in a road traffic accident claim against a decision to grant the Claimant relief from sanctions, following late service of the Claimant’s witness evidence.’

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Park Square Barristers, 23rd June 2017

Source: www.parksquarebarristers.co.uk

Church of England failed child victims of sexual abuse while ‘colluding’ with disgraced bishop, report finds – The Independent

Posted June 23rd, 2017 in child abuse, Church of England, corruption, evidence, news, reports, sexual offences by sally

‘The Church of England “concealed” evidence of child abuse by a former bishop stretching over two decades, the Archbishop of Canterbury, Justin Welby, has said, following a major independent review.’

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The Independent, 22nd June 2017

Source: www.independent.co.uk

Stephen Lawrence murder inquiry: IPCC delays corruption probe – BBC News

Posted June 21st, 2017 in corruption, evidence, inquiries, London, murder, news, police by sally

‘An investigation into evidence given to the Stephen Lawrence murder inquiry will only be concluded after a separate corruption investigation is completed, the police watchdog has announced.’

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BBC News, 20th June 2017

Source: www.bbc.co.uk

Recent Cases on the Braganza duty and the exercise of discretion: an intensification of scrutiny of the decision making process – Employment Law Blog

Posted June 16th, 2017 in contract of employment, evidence, news, remuneration by sally

‘It used to be thought that in exercising a contractual discretion accorded to it, in relation for example to a bonus or a share plan, an employer could, so long as it addressed the matter honestly and genuinely, make subjective qualitative judgments which would only be reviewable if they were perverse or illogical. Braganza appears to have changed this.’

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Employment Law Blog, 12th June 2017

Source: employment11kbw.com