‘It can be difficult at the best of times to establish liability in claims involving pedestrians. Expert evidence should, hopefully, make the task easier, but this case is a useful reminder that even seemingly robust expert evidence may not be enough for a party to succeed.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
‘We are all sadly familiar with the last-minute application for an adjournment backed
by a doctor’s note, on the grounds that the defendant, claimant or important witness
is unfit to attend Court. Almost inevitably, the note in question is unsatisfactory or
insufficient. It frequently takes the jejune form of “Mrs X is suffering from an anxiety
state and is unfit to attend Court”, and that is all.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
Regina (Khan) v Secretary of State for the Home Department [2014] EWCA Civ 88; [2014] WLR (D) 60
‘The word “matter” in section 96(1)(b) of the Nationality, Immigration and Asylum Act 2002 was to be interpreted broadly to include both evidence and issues.’
WLR Daily, 11th February 2014
Source: www.iclr.co.uk
‘Building on successful work with the School of Advanced Study’s Open Journals System, a project is in progress at the Institute of Advanced Legal Studies (IALS) to develop an Open Access version of the Digital Evidence and Electronic Signature Law Review.
Established in 2004, the Digital Evidence and Electronic Signature Law Review brings articles, legal developments and case reports to academics, practitioners and the industry in relation to digital evidence and electronic signatures from across the world.
This Open Access version of Digital Evidence and Electronic Signature Law Review is being developed by Stephen Mason (founder, publisher and general editor) with the Institute on the SAS Open Journals System – further raising the visibility and accessibility of the journal and its contents.
Our exciting project, through SAS OJS, will safeguard free online access to all the back issues for legal researchers, support the publication of publicly available future issues and help stimulate new areas of legal discussion and scholarship.
The full back run of published volumes is now available on the service and we are beginning work on Volume 11 : 2014 as a “Born Digital” Open Access publication.’
The Digital Evidence and Electronic Signature Law Review
IALS, 6th February 2014
Source: www.ials.sas.uk
‘The Independent Police Complaints Commission is to investigate the death of a woman who twice gave evidence in the trial of a man accused of raping her.’
Daily Telegraph, 3rd February 2014
Source: www.telegraph.co.uk
Regina v Lewis (Leroy): [2013] EWCA Crim 2596; [2014] WLR (D) 38
‘Once an indictment had been properly preferred and signed it remained the indictment in the case, so that the Crown Court had jurisdiction to try a case where no evidence had been offered on the single indictable offence and only summary offences were left to be tried.’
WLR Daily, 5th December 2014
Source: www.iclr.co.uk
Regina v Powell (Carl) [2014] WLR (D) 34
‘The statutory regimes concerning joinder of counts in an indictment and cross-admissibility of evidence were separate and the settled criteria concerning joinder had not been superseded in consequence of the changes in relation to evidence of bad character made by the Criminal Justice Act 2003.’
WLR Daily, 29th January 2014
Source: www.iclr.co.uk
‘Civil court litigants must comply with court orders or “face the consequences”, an expert has said, after the High Court barred a company from giving evidence about a particular issue at trial after it failed to exchange witness statements within a reasonable time.’
OUT-LAW.com, 28th January 2014
Source: www.out-law.com
‘Woman on trial on witness intimidation charges who was told to remove full-face veil if she wanted to take to the witness box decides not to give evidence.’
Daily Telegraph, 27th January 2014
Source: www.telegraph.co.uk
‘Prosecutors are due on Monday to defend their decision to keep secret the cause of a miscarriage of justice involving an undercover police officer who allegedly used his fictitious identity in a criminal trial to conceal his covert work.’
The Guardian, 26th January 2014
Source: www.guardian.co.uk
‘A judge warned a jury on Wednesday that it was wrong to be prejudiced against anyone because of their expression of religious faith, as a Muslim defendant prepared to go on trial wearing a full face veil.’
The Guardian, 22nd January 2014
Source: www.guardian.co.uk
‘Tony Nicklinson lost his legal battle in 2012 for a judicial ruling that, were his wife to administer life-ending drugs to him at his express request, she would not be liable to prosecution for murder.’
Halsbury’s Law Exchange, 20th January 2014
Source: www.halsburyslawexchange.co.uk
‘The defence of marital coercion, unsuccessfully used by Chris Huhne’s former wife Vicky Pryce at her trial last year, is to be abolished.’
The Guardian, 17th January 2014
Source: www.guardian.co.uk
‘Police officers could be banned from conferring after fatal shootings in the wake of the death of Mark Duggan.’
The Independent, 17th January 2014
Source: www.independent.co.uk
‘The Ministry of Justice has confirmed that a working group will next month begin the process of creating medical panels to assess whiplash injury claims.’
Law Society’s Gazette, 16th January 2014
Source: www.lawgazette.co.uk
‘The Crown Prosecution Service offered no evidence in a case of alleged conspiracy to supply class A drugs after the judge refused a prosecution application to adduce new evidence on the second day of the trial.’
Law Society’s Gazette. 14th January 2014
Source: www.lawgazette.co.uk
‘John Sweeney investigates the secretive world of the family courts and asks whether some parents may have unfairly lost their children forever. BBC One 13th January 2014’
BBC One, 13th January 2014
Source: www.bbc.co.uk
‘A group of leading lawyers has expressed concern that the current system for representation of certain protected parties (P) in Court of Protection proceedings is incompatible with the ECHR.’
Halsbury’s Law Exchange, 10th January 2014
Source: www.halsburyslawexchange.co.uk
‘Police are to review evidence given at a tribunal after five “severely” neglected patients died in two weeks at a Northampton home.’
BBC News, 9th January 2014
Source: www.bbc.co.uk
MacLennan v Morgan Sindall (Infrastructure) plc [2013] EWHC 4044 (QB); [2013] WLR (D) 509
‘The power to prohibit the calling of witnesses under CPR r 32.2(3) sat towards the more extreme end of the court’s powers and was a power to be considered after less intrusive measures had been considered and rejected.’
WLR Daily, 17th December 2013
Source: www.iclr.co.uk
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