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 sally

‘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

Witness statements in England and Wales – OUT-LAW.com

Posted May 30th, 2024 in documents, evidence, news, witnesses by sally

‘A witness statement is a written formal document used in litigation in the courts of England and Wales. A witness statement contains a person’s truthful own account of facts relating to issues arising in a dispute, which are within that person’s personal knowledge.’

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OUT-LAW.com, 29th May 2024

Source: www.pinsentmasons.com

Lay evidence in fact-finding hearings – Local Government lawyer

‘A recent decision by the Court of Appeal serves as a reminder of the importance in fact-finding hearings of the evidence of lay parties being considered alongside that given by medical experts, writes Matthew Fiddy.’

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Local Government lawyer, 17th May 2024

Source: www.localgovernmentlawyer.co.uk

What does it mean to be an expert in the person? The Court of Protection decides – Mental Capacity Law and Policy

‘In University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to consider what (if any) weight to place on the opinion of P’s sister as to her condition and treatment. P, identified in the judgment as HER, was 53 years old, and living in a supported living placement. In her early childhood HER had a stroke-like episode, which had a lasting effect on a large part of her brain. She was described as also having learning difficulties and epilepsy. She had also been diagnosed as having a metabolic disorder, OTC, giving rise to intermittent episodes of acute encephalopathy. HER was experiencing epileptic seizures a few times a month, without warning, and giving rise to risk of sudden unexpected death.’

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Mental Capacity Law and Policy, 14th May 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Proof of continuous residence in the UK – EIN Blog

Posted May 9th, 2024 in citizenship, domicile, evidence, news, visas by sally

‘Once you apply for a settlement (indefinite leave to remain) or for naturalisation as a British Citizen, you are asked to provide proof of continuous residence in the UK as part of the visa application process and you will need to provide evidence that shows that you have been present in the UK for a specific period of time.’

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EIN Blog, 8th May 2024

Source: www.ein.org.uk

Court of Appeal finds judge fell into errors of principle when making finding of ‘inflicted injuries’ – Local Government Lawyer

Posted May 7th, 2024 in care orders, child abuse, evidence, families, judges, mistake, news by sally

‘The Court of Appeal has allowed an appeal against a judge’s findings that fractures to both the tibias of a 10 month old girl had been inflicted either deliberately or recklessly by either her mother or father.’

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Local Government Lawyer, 2nd May 2024

Source: www.localgovernmentlawyer.co.uk

Jurors behaving badly – Mountford Chambers

Posted May 3rd, 2024 in chambers articles, criminal justice, evidence, juries, news by sally

‘A group of campaigners recently called for the suspension of a circuit judge in a letter to the Lady Chief Justice. The letter alleged that the Judge had warned the Jury they could face criminal prosecution for returning a verdict based on their conscience and not the evidence. Charles Hannaford explores the current legislation governing jurors conduct in England and Wales.’

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Mountford Chambers, 24th April 2024

Source: www.mountfordchambers.com

Rap music used as evidence in scores of trials in England and Wales, study finds – The Guardian

‘Rap and drill music was used as prosecution evidence for serious charges including alleged gang-related murders against at least 252 defendants in England and Wales over a three-year period, a study has found.’

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The Guardian, 30th April 2024

Source: www.theguardian.com

Evidence in a credit hire claim: what does the claimant need to provide? – Five Pump Court Chambers

Posted April 19th, 2024 in chambers articles, damages, evidence, insurance, news by sally

‘Credit hire claims often involve large sums of money, the majority of which is from the credit of the insurer. The exact amount of damages awarded is down, to a large degree, to the discretion of the judge so it is important for the claimant’s legal team to get as much of the evidence watertight before the hearing as possible. From experience at court, there are certain elements of a case which are hard to fix on the day of the hearing, but which can be caught in advance, and lead to a better result for the claimant.’

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Five Pump Court Chambers, 22nd March 2024

Source: www.5pumpcourt.com

Test of dishonesty in Ivey applies to deprivation decisions – EIN Blog

Posted March 12th, 2024 in citizenship, cross-examination, evidence, fraud, news by sally

‘Ullah v Secretary of State for the Home Department [2024] EWCA Civ 201 (06 March 2024). In a case raising an elementary issue of procedural fairness, the Court of Appeal allowed the appeal of Mr Ullah—a Pakistani national—against the UT’s erroneous decision to dismiss his appeal reversing the FTT’s first instance decision to allow his appeal from the SSHD’s decision to make an order to deprive him of British citizenship.’

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EIN Blog, 12th March 2024

Source: www.ein.org.uk

Court of Appeal allows appeal in challenge to ‘pool finding’ in care proceedings – Local Government Lawyer

Posted February 29th, 2024 in care orders, child abuse, evidence, families, news by sally

‘The Court of Appeal has overturned a Family Court decision concerning an injured child because of a series of legal errors.’

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Local Government Lawyer, 29th February 2024

Source: www.localgovernmentlawyer.co.uk

Case Comment: TUI Limited v Griffiths [2023] UKSC 48 – UKSC Blog

‘In this case, Catherine McAndrew, a Senior Associate in the Insurance and Reinsurance team at CMS, comments on the Supreme Court’s decision in TUI Limited v Griffiths [2023] UKSC 48, which was handed down on 29 November 2023.’

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UKSC Blog, 26th January 2024

Source: ukscblog.com

Criminal review body missed chance to clear Andrew Malkinson in 2013 – The Guardian

‘The organisation responsible for investigating miscarriages of justice missed a major opportunity to reconsider Andrew Malkinson’s case, internal documents suggest.’

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The Guardian, 24th January 2024

Source: www.theguardian.com

Update law on computer evidence to avoid Horizon repeat, ministers urged – The Guardian

‘Ministers need to “immediately” update the law to acknowledge that computers are fallible or risk a repeat of the Horizon scandal, legal experts say.’

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The Guardian, 12th January 2024

Source: www.theguardian.com