Police accused of concealing role of undercover officers from judges – The Guardian

Posted March 22nd, 2016 in evidence, inquiries, investigatory powers, news, police by sally

‘Police have been accused of concealing the involvement of two undercover officers in a long-running legal case from judges in the UK’s highest court.’

Full story

The Guardian, 21st March 2016

Source: www.guardian.co.uk

Lammy Review of BAME representation in the Criminal Justice System: call for evidence – Ministry of Justice

Posted March 21st, 2016 in criminal justice, diversity, equality, evidence, press releases by sally

‘In January 2016 the Prime Minister invited David Lammy MP to find out why official figures show that Black, Asian and Minority Ethnic (BAME) groups appear to be over-represented at most stages of the criminal justice system, and what can be done about it. This is an independent review. It aims to make sure that everyone is treated equally, whatever their ethnicity.’

Full press release

Ministry of Justice, 21st March 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

Poppi Worthington’s father faces intimidation every day, coroner told – The Guardian

‘A father who was identified by a high court judge as having probably sexually assaulted his baby daughter shortly before she died may be allowed to give evidence from a secret location after facing daily intimidation, a pre-inquest hearing has heard.’

Full story

The Guardian, 18th March 2016

Source: www.guardian.co.uk

Met Police decision to drop Tower Hamlets electoral fraud investigation branded ‘utter disgrace’ – Daily Telegraph

Posted March 17th, 2016 in corruption, elections, evidence, fraud, local government, London, news, police by sally

‘Scotland Yard has dropped its investigation into electoral fraud in Tower Hamlets after finding “insufficient evidence that criminal offences had been committed”. Detectives launched the probe after Lutfur Rahman, the borough’s former mayor, was found guilty of corrupt and illegal practices by a judge following a High Court hearing.’

Full story

Daily Telegraph, 17th March 2016

Source: www.telegraph.co.uk

Battlelines drawn as shaken baby syndrome controversy set to run – The Guardian

‘Shaken baby syndrome is back in the news. Monday’s BBC Panorama programme focused on this most contentious of subjects and was itself prompted by the General Medical Council’s prosecution of Dr Waney Squier, a consultant neuropathologist who used to give evidence against those charged with injuring their baby but now provides expert evidence in their defence. On Friday she was found guilty by the GMC of giving “expert opinion evidence outside your field of expertise” in several cases that came before the criminal or family courts, and could be struck off the medical register as a result.’

Full story

The Guardian, 15th March 2016

Source: www.guardian.co.uk

Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd – WLR Daily

Posted March 15th, 2016 in agency, agreements, contracts, evidence, law reports, privilege by sally

Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd [2016] EWHC 486 (Comm)

‘The claimant was a commercial agent who acted for the defendant. The agency agreement between the parties provided for 12 months’ notice of termination. The claimant’s case was that, by e-mails dated 18 and 26 March 2013, the defendant gave notice of termination with effect from 11 February 2013, to terminate on 11 May 2013 and was thereby in repudiatory breach of contract, which repudiation the claimant accepted as bringing the agency agreement to an end. The claimant brought a claim for, inter alia, damages for termination with insufficient notice and sought to admit the defendant’s e-mails as evidence of the defendant’s repudiation. The defendant contended that the two e-mails, both marked “Without Prejudice”, were part of a series of without prejudice negotiations to settle a dispute as to termination of the agency and that, as such, they could not be relied on by the claimant as repudiatory and were inadmissible in evidence.’

WLR Daily, 8th March 2016

Source: www.iclr.co.uk

This shaken baby syndrome case is a dark day for science – and for justice – The Guardian

‘A leading doctor faces being struck off for challenging the theory about the infant condition. It’s like Galileo all over again.’

Full story

The Guardian, 14th March 2016

Source: www.guardian.co.uk

New forensic science service planned – BBC News

‘A new forensic and biometrics service is planned by the Home Office, four years after it controversially abolished its predecessor.’

Full story

BBC News, 12th March 2016

Source: www.bbc.co.uk

Doctor who doubted shaken baby syndrome misled courts, panel rules – The Guardian

‘A Leading doctor who cast doubt on claims that parents had shaken their babies to death has been found guilty of misleading the courts.’

Full story

The Guardian, 11th March 2016

Source: www.guardian.co.uk

Sex offence suspects need more protection, says ex-Met boss – BBC News

Posted March 10th, 2016 in anonymity, codes of practice, evidence, news, police, sexual offences by sally

‘A former Met Police chief has said more should be done to protect the reputation of sexual offence suspects who are investigated but never charged.’

Full story

BBC News, 9th March 2016

Source: www.bbc.co.uk

Finance and Divorce Update (March 2016) – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016.’

Full story

Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

Ched Evans rape conviction to be reviewed by Appeal Court later this month – Daily Telegraph

Posted March 3rd, 2016 in appeals, Criminal Cases Review Commission, evidence, news, rape by sally

‘Footballer’s case referred to Court of Appeal in London by Criminal Cases Review Commission, which investigates possible miscarriages of justice.’

Full story

Daily Telegraph, 2nd March 2016

Source: www.telegraph.co.uk

Curbs on ‘shameless’ armed forces claims within weeks – Law Society’s Gazette

‘Measures to curb legal claims against members of the armed forces are likely to be introduced this month.’

Full story

Law Society’s Gazette, 2nd March 2016

Source: www.lawgazette.co.uk

Secret Evidence in Immigration Tribunal Hearings: R (on the Application of ILPA) v Tribunal Procedure Committee and Lord Chancellor – Free Movement

‘Open justice is one of the most crucial features of a free state. In weighing up individual cases, courts have sometimes decided that open justice shoud give way to other, equally necessary, ideals. For instance, national security won the day in the Court of Appeal decision in the Erol Incedal case. This was inevitably criticised by the press. In Immigration Law Practitioners Association, R (On the Application Of) v Tribunal Procedure Committee & Anor [2016] EWHC 218 (Admin), Mr Justice Blake in the High Court deals whether in appropriate circumstances information can be withheld from an appellant, or both an appellant and their representative, in immigration tribunals. Rule 13 of the 2014 Immigration Tribunal Procedure Rules purports to do just that; the Immigration Law Practitioner’s Association (ILPA) brought a challenge to its legality.’

Full story

Free Movement, 29th February 2016

Source: www.freemovement.org.uk

FCA ‘lacks evidence’ of whether regulation is reducing mis-selling by financial firms, auditors say – OUT-LAW.com

Posted March 1st, 2016 in consumer protection, evidence, financial regulation, news by sally

‘Data collected by the Financial Conduct Authority (FCA) is insufficient to prove whether regulatory interventions have had an effect on mis-selling by financial firms, the UK’s public spending watchdog has said.’

Full story

OUT-LAW.com, 26th February 2016

Source: www.out-law.com

‘No one to be prosecuted’ over Mid-Staffs scandal – Daily Telegraph

Posted March 1st, 2016 in evidence, health, health & safety, hospitals, inquiries, news, prosecutions, reports by sally

‘A three-year police review has found insufficient evidence to charge a single manager, doctor or nurse.’

Full story

Daily Telegraph, 1st March 2016

Source: www.telegraph.co.uk

Big money divorce case secrecy row could trigger appeals, warns judge – Daily Telegraph

‘Disagreement between top judges over whether details of couples’ lives can be publicised “needs to be dealt with”, says Mr Justice Moor’

Full story

Daily Telegraph, 28th February 2016

Source: www.telegraph.co.uk

Supreme Court gives guidance on the admissibility and use of expert evidence – Cloisters

‘Rachel Barrett discusses Kennedy v Cordia (Services) LLP, in which the Supreme Court has given detailed and practical guidance on the admissibility and use of expert evidence in the course of a judgment concerning the remit of employers’ duties to take care for their employees’ safety at work.’

Full story

Cloisters, 10th February 2016

Source: www.cloisters.com

Domestic violence legal aid changes were ‘invalid’ – BBC News

Posted February 19th, 2016 in domestic violence, evidence, legal aid, ministers' powers and duties, news, women by sally

‘A women’s charity has won an appeal against rule changes which it said “cut too many women off” from legal aid in domestic violence cases.’

Full story

BBC News, 19th February 2016

Source: www.bbc.co.uk

Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) – Supreme Court

Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) [2016] UKSC 6 (YouTube)

Supreme Court, 10th February 2016

Source: www.youtube.com/user/UKSupremeCourt