‘It risks miscarriages of justice’: MPs oppose rap lyrics being used as evidence in UK trials – The Guardian

Posted November 23rd, 2023 in artistic works, criminal justice, evidence, media, miscarriage of justice, news by sally

‘The lawyer Shami Chakrabarti, the DJ Annie Mac and Labour MPs Nadia Whittome and Kim Johnson are among the figures lending support to a new campaign to change how rap lyrics are used as evidence in UK criminal hearings.’

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The Guardian, 22nd November 2023

Source: www.theguardian.com

Sizing up the competition – The Upper Tribunal considers the public authority VAT exemption in Northumbria Healthcare NHS Foundation Trust v Revenue and Customs – Devereux Chambers

Posted November 14th, 2023 in competition, evidence, hospitals, news, parking, VAT by sally

‘The Upper Tribunal has ruled that an NHS Trust did not provide car parking under a “special legal regime” such that its supplies would be zero-rated. The case is important because (i) it sets a limit on what can be considered a “special legal regime” for the purposes of Article 13 of the Principal VAT Directive and section 41A of the Value Added Tax Act 1994, and (ii) it confirms that detailed factual and expert evidence is not required for a Tribunal to find that treating a public authority as a non-taxable person would lead to significant distortions of competition.’

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Devereux Chambers, 27th October 2023

Source: www.devereuxchambers.co.uk

SP v DM [2023] EWHC 2089 (Fam): Important ruling on giving evidence in Family Court proceedings – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, evidence, families, family courts, news, pregnancy by sally

‘Eve Anstey for Respondent Father – Giving evidence at a fact-finding hearing is, at the best of times, a stressful and emotional experience. Add to that a pregnancy in its third trimester and an important issue on principle is raised about the parameters of the court’s duty to ensure that a trial is conducted fairly whilst ensuring that the mother’s vulnerability is properly protected. In SP v DM, Sir Jonathan Cohen considered that very issue and the Appellant mother’s arguments which significantly attacked the court for purported procedural irregularity in the way that it conducted the fact-finding hearing in respect of mother’s evidence in light of her pregnancy. The appeal was dismissed on all grounds.’

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Pallant Chambers, 14th October 2023

Source: www.pallantchambers.co.uk

At 17, I was jailed for a murder I didn’t commit – and spent seven life-changing years in prison – The Guardian

‘Basic police checks would have shown Sam Hallam wasn’t at the scene of the crime, but these weren’t carried out until he had spent much of his youth inside. He explains why he is still fighting for justice, years after his release.’

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The Guardian, 7th November 2023

Source: www.theguardian.com

Andrew Malkinson: Wrongful conviction inquiry judge pledges ‘fearless’ review – BBC News

‘A judge investigating why Andrew Malkinson spent 17 years in jail for a rape he did not commit says she will be “fearless” in seeking the truth.’

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BBC News, 26th October 2023

Source: www.bbc.co.uk

Woman raped by ex-partner left traumatised by English family courts – The Guardian

‘A woman who was raped by her former partner has told how her fight for justice in the family courts left her traumatised.’

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The Guardian, 21st October 2023

Source: www.theguardian.com

Army members allowed to give evidence to living standards inquiry – BBC News

Posted October 20th, 2023 in armed forces, evidence, government departments, housing, inquiries, news by tracey

‘Members of the armed forces will be permitted to give evidence to MPs about the standard of their living quarters in a partial government climbdown.’

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BBC News, 16th October 2023

Source: www.bbc.co.uk

Homelessness and evidence – Nearly Legal

‘Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin). A judicial review of what was alleged to be Westminster’s failure to meet its s.188(1) duty to secure suitable accommodation and breach of Public Sector Equality Duty.’

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Nearly Legal, 15th October 2023

Source: nearlylegal.co.uk

Court of Appeal allows appeal by council in case where fact-finding process in care proceedings “went wrong” – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a local authority and remitted for rehearing a case concerning findings of fact in care proceedings.’

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Local Government Lawyer, 10th October 2023

Source: www.localgovernmentlawyer.co.uk

I was innocent – but it cost me £500,000 to prove it – BBC News

‘Each year, thousands of people in England and Wales are accused of crimes for which they are later acquitted. While their names may be cleared, they are often left emotionally and financially devastated – as Brian Buckle, who was wrongfully convicted of sexually abusing a child, discovered first-hand.’

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BBC News, 6th October 2023

Source: www.bbc.co.uk

Dyslexia and the importance of assessing the effect of disability on giving evidence – 3PB

‘The Appellant was Ms Habib. She brought a discrimination case against the Respondent, the nature of which was not really relevant to the decision of the EAT. Credibility was a key issue however. The Tribunal found that the way the Appellant gave evidence led them to believe that she was not always being truthful and that her recollection was sometimes unreliable. Her claims were dismissed.’

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3PB, 4th September 2023

Source: www.3pb.co.uk

Experts call for Lucy Letby inquiry to cover statistical evidence used in trial – The Guardian

Posted October 3rd, 2023 in birth, children, evidence, hospitals, inquiries, murder, news, nurses, statistics by sally

‘The Royal Statistical Society (RSS) is calling for the Lucy Letby inquiry to cover statistical evidence used in the trial of the serial baby killer, saying it can be difficult “to draw conclusions from suspicious clusters of deaths” in hospitals.’

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The Guardian, 3rd October 2023

Source: www.theguardian.com

Navigating unadmitted allegations: the cart before the horse – Local Government Lawyer

Posted September 28th, 2023 in children, contact orders, domestic violence, evidence, expert witnesses, families, news by tracey

‘Kristine Lidgerwood provides a self-check for a situation which many practitioners will be familiar with and which applies equally to public law and private law proceedings. The unadmitted allegation.’

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Local Government Lawyer, 28th September 2023

Source: www.localgovernmentlawyer.co.uk

Police officers widely misusing body-worn cameras – BBC News

Posted September 28th, 2023 in complaints, evidence, news, police, video recordings by tracey

‘Police officers are switching off their body-worn cameras when force is used, as well as deleting footage and sharing videos on WhatsApp.’

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BBC News, 28th September 2023

Source: www.bbc.co.uk

Privy Council provides update on setting aside judgments and settlements for fraud – OUT-LAW.com

Posted September 26th, 2023 in evidence, fraud, Jamaica, judgments, news, Privy Council, setting aside by sally

‘A Privy Council ruling in a case originating in Jamaica has sought to clarify what constitutes “new” evidence for claimants seeking to set aside a judgment or settlement based on fraud.’

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OUT-LAW.com, 25th September 2023

Source: www.pinsentmasons.com

Expert evidence – the importance of independence – Mills & Reeve

‘The rules on expert witnesses in the courts of England and Wales are governed by Part 35 of the Civil Procedure Rules. One of the fundamental principles when it comes to expert evidence is that of independence.’

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Mills & Reeve, 19th September 2023

Source: www.mills-reeve.com

Sharlotte Naglis death: No-consent blood test law earns council backing – BBC News

‘Calls by the mother of a girl killed by a drink and drug driver to change the law over testing blood without consent to speed up police investigations has been backed by her local council.’

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BBC News, 18th September 2023

Source: www.bbc.co.uk

Rikki Neave murderer James Watson loses appeal against conviction – BBC News

Posted September 5th, 2023 in appeals, bad character, children, DNA, evidence, murder, news by sally

‘A man jailed last year for murdering a six-year-old boy in 1994 has lost his appeal against his conviction.’

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BBC News, 4th September 2023

Source: www.bbc.co.uk

Man found guilty of murdering six-year-old in 1994 awaits ruling on appeal – The Independent

‘A 42-year-old man given a life sentence after being found guilty of murdering a six-year-old boy nearly 30 years ago is waiting for a ruling on an appeal.’

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The Independent, 4th September 2023

Source: www.independent.co.uk

Missing evidence led to 16 homicides in England and Wales not going to trial – The Guardian

Posted September 4th, 2023 in evidence, homicide, news, police, prosecutions, statistics by tracey

‘Prosecutions involving more than a dozen homicides and more than 100 sexual offences collapsed before trial in England and Wales last year as a result of lost or missing evidence, the Guardian has learned.’

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The Guardian, 3rd September 2023

Source: www.theguardian.com