Category: evidence

Government of the United States of America v Giese – WLR Daily

Posted January 6th, 2016 in appeals, evidence, extradition, jurisdiction, law reports, time limits by sally

Government of the United States of America v Giese [2015] EWHC 3658 (Admin); [2015] WLR (D) 550

‘An issue raised on appeal “that was not raised at the extradition hearing” referred to a new issue that was raised in argument on appeal as a ground for allowing the appeal and which was not the subject of concluded argument below for the purposes of meeting the condition for allowing an appeal set out in section 106(5)(a) of the Extradition Act 2003.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

New CPS powers to tackle domestic abuse – Law Society’s Gazette

Posted January 4th, 2016 in domestic violence, electronic mail, evidence, internet, news, prosecutions by sally

‘Controlling a partner’s social media account or surveilling them through mobile phone tracking apps could see domestic abusers jailed for up to five years under new legislation that comes into force today.’

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Law Society’s Gazette, 29th December 2015

Source: www.lawgazette.co.uk

Supreme Court: Failure to disclose evidence did not breach Art 6 – UK Human Rights Blog

Posted December 21st, 2015 in disclosure, evidence, human rights, jurisdiction, news, Scotland, Supreme Court by sally

‘The Supreme Court has unanimously dismissed an appeal against a decision of Scotland’s High Court of Justiciary (available here) in which it refused to overturn a criminal conviction on the basis that the non-disclosure of evidence breached the appellant’s right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR).’

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UK Human Rights Blog, 18th December 2015

Source: www.ukhumanrightsblog.com

Judge rejects disclosure of document on role of police spy in wrongful conviction – The Guardian

Posted December 18th, 2015 in disclosure, evidence, miscarriage of justice, news, police, prosecutions, public order, spying by sally

‘A judge has refused to order the disclosure of an official document that would shed more light on how an undercover operation caused the wrongful conviction of an environmental campaigner.’

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The Guardian, 17th December 2015

Source: www.guardian.co.uk

Sgt Alexander Blackman’s wife ‘cautiously optimistic’ of new appeal – Daily Telegraph

Posted December 17th, 2015 in appeals, armed forces, Criminal Cases Review Commission, evidence, families, legal representation, mental health, murder, news by sally

‘The wife of a Royal Marine given a life sentence for murdering a Taliban captive has said she is cautiously optimistic new evidence will see his case sent back to the Appeal Court.’

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Daily Telegraph, 16th December 2015

Source: www.telegraph.co.uk

Peter Miller murder: 170 exhibits destroyed, returned or lost – BBC News

Posted December 8th, 2015 in complaints, evidence, murder, news, police by sally

‘The brother of a man murdered 31 years ago is to complain to a police force after it emerged 170 case exhibits had been destroyed, returned or lost.’

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BBC News, 8th December 2015

Source: www.bbc.co.uk

Lord Janner judge to rule on evidence behind lack of fitness to stand trial – The Guardian

Posted December 7th, 2015 in child abuse, disclosure, elderly, evidence, fitness to plead, mental health, news, public interest, sexual offences by sally

‘A high court judge is expected to rule on whether Lord Janner is unfit to stand trial – and what evidence can be released regarding that decision – for a string of child sex offences dating back 50 years.’

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The Guardian, 7th December 2015

Source: www.guardian.co.uk

Dash cam footage of dangerous overtaking lands driver in jail in UK first – Daily Telegraph

Posted December 4th, 2015 in dangerous driving, evidence, news, sentencing, video recordings by sally

‘In a landmark case, a driver has been jailed after another car’s dashboard camera filmed his dangerous overtaking manoeuvres.’

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Daily Telegraph, 3rd December 2015

Source: www.telegraph.co.uk

Senior British judges decide if DNA evidence can ‘uncover affair’ and settle Scottish hereditary title dispute – Daily Telegraph

Posted November 25th, 2015 in confidentiality, DNA, evidence, news, peerages & dignities, Privy Council, royal family, Supreme Court by sally

‘Norman Murray Pringle, an accountant living in High Wycombe, is attempting to prove his aristocratic entitlement as the next baronet of Stichill.’

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Daily Telegraph, 25th November 2015

Source: www.telegraph.co.uk

Two men cleared of Nicola Payne murder – The Guardian

Posted November 16th, 2015 in evidence, murder, news, prosecutions by sally

‘A former warehouse worker and his brother-in-law have been cleared of murdering a young mother who disappeared in 1991.’

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The Guardian, 16th November 2015

Source: www.guardian.co.uk

Even a Single Page Missing … – Zenith PI Blog

Posted November 16th, 2015 in case management, copyright, evidence, judgments, news by sally

‘A ruthless and salient reminder in procedure – make sure every page is in the bundle before the trial!’

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Zenith PI Blog, 13th November 2015

Source: www.zenithpi.wordpress.com

Regina v FNC – WLR Daily

Posted November 13th, 2015 in DNA, evidence, law reports, no case to answer, sexual offences by sally

Regina v FNC: [2015] EWCA Crim 1732; [2015] WLR (D) 440

‘There might be a case to answer even where the prosecution relied on DNA evidence alone.The Court of Appeal, Criminal Division, so held when allowing an appeal by the prosecution against a decision made on 5 May 2015 in the Crown Court at Blackfriars (Mr Recorder Day QC) to terminate proceedings against the defendant, FNC, on the grounds that there was no case to answer on a charge of indecent assault contrary to section 14 of the Sexual Offences Act 1956.’

WLR Daily, 4th November 2015

Source: www.iclr.co.uk

Child abuse inquiry to begin taking victims’ testimony in private hearings – The Guardian

Posted November 12th, 2015 in child abuse, evidence, inquiries, news, victims by sally

‘An ambitious project to take testimony from thousands of victims of child abuse across the country will begin within days as part of an independent inquiry into institutionalised abuse.’

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The Guardian, 11th November 2015

Source: www.guardian.co.uk

Roy Harper criticises CPS for taking ‘so long’ to acquit him over sex abuse allegations – Daily Telegraph

Posted November 10th, 2015 in complaints, Crown Prosecution Service, evidence, news, retrials by sally

‘The 74-year-old songwriter hits out at the length of time the Crown Prosecution Service took to prove his innocence.’

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Daily Telegraph, 9th November 2015

Source: www.telegraph.co.uk

Judge calls for fast-track civil contempt procedure after application is stymied by criminal trial – Litigation Futures

Posted November 4th, 2015 in civil justice, civil procedure rules, compensation, contempt of court, damages, delay, evidence, fraud, news, personal injuries by sally

‘A claimant found to have brought a bogus personal injury claim – but then cleared of fraud in the Crown Court – can only face civil contempt proceedings if there is new evidence, the High Court has ruled.’

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Litigation Futures, 4th November 2015

Source: www.litigationfutures.com

‘Misleading’ Boots eye advert banned – BBC News

Posted October 29th, 2015 in advertising, evidence, health, news by sally

‘An advert for Boots Opticians has been banned for “misleading” claims that blue light, emitted from smartphones and other gadgets, damages eyesight.’

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BBC News, 28th October 2015

Source: www.bbc.co.uk

Convicted burglar could be freed after claiming DNA came from identical twin – The Independent

Posted October 28th, 2015 in burglary, DNA, evidence, families, fraud, news by sally

‘A man is hoping to overturn his burglary conviction by disputing DNA evidence on the grounds that he is an identical twin.’

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The Independent, 27th October 2015

Source: www.independent.co.uk

Supreme Court upholds evidential flexibility policy – Free Movement

Posted October 19th, 2015 in evidence, immigration, interpretation, news, regulations by sally

‘The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home Office’s Points Based System evidential flexibility policy. Regular followers of the blog will be familiar with this policy, which was first published here on Free Movement courtesy of Jane Heybroek. This was in 2012, despite the policy being in operation since 2009. It was later also published to the Home Office website.’

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Free Movement, 19th October 2015

Source: www.freemovement.org.uk

Courts likely to look for evidence that journalists have verified alleged defamatory statements, says expert – OUT-LAW.com

Posted October 16th, 2015 in defamation, evidence, media, news, Privy Council, public interest by sally

‘Journalists seeking to rely on the new ‘public interest’ defence to a claim of defamation will still have to be able to prove that they have taken steps to verify the accuracy of what they have published, an expert has said.’

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OUT-LAW.com, 15th October 2015

Source: www.out-law.com

Queen intervenes to settle title feud opening way to title pretenders – Daily Telegraph

Posted October 12th, 2015 in DNA, evidence, news, peerages & dignities, precedent, Privy Council by sally

‘DNA evidence could be used for the first time to resolve a feud over a hereditary title after the Queen personally intervened in the case.’

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Daily Telegraph, 11th October 2015

Source: www.telegraph.co.uk