Regina v Lewis (Leroy) – WLR Daily

Posted February 3rd, 2014 in appeals, assault, attempts, evidence, indictments, jurisdiction, law reports, theft by tracey

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) – WLR Daily

Posted January 30th, 2014 in appeals, crime, evidence, indictments, joinder, law reports by sally

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indictment and cross-admissibility of evidence were separate and the settled criteria concerning joinder had not been superseded in consequence of the changes in relation to evidence of bad character made by the Criminal Justice Act 2003.’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

Company barred from giving evidence in court due to “substantial delay” in providing witness statements – OUT-LAW.com

‘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.’

Full story

OUT-LAW.com, 28th January 2014

Source: www.out-law.com

Veiled Muslim woman will not give evidence – Daily Telegraph

Posted January 28th, 2014 in evidence, freedom of expression, intimidation, Islam, news by sally

‘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.’

Full story

Daily Telegraph, 27th January 2014

Source: www.telegraph.co.uk

Campaigner’s lawyers challenge secrecy over police spy accused of lying in court – The Guardian

‘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.’

Full story

The Guardian, 26th January 2014

Source: www.guardian.co.uk

Judge warns jury of wrongful prejudice over defendant’s Muslim face veil – The Guardian

‘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.’

Full story

The Guardian, 22nd January 2014

Source: www.guardian.co.uk

Right to die: the issues before the Supreme Court – Halsbury’s Law Exchange

Posted January 21st, 2014 in assisted suicide, crime, defence, evidence, necessity, news, Supreme Court by sally

‘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.’

Full story

Halsbury’s Law Exchange, 20th January 2014

Source: www.halsburyslawexchange.co.uk

Defence of marital coercion used by Vicky Pryce to be abolished – The Guardian

‘The defence of marital coercion, unsuccessfully used by Chris Huhne’s former wife Vicky Pryce at her trial last year, is to be abolished.’

Full story

The Guardian, 17th January 2014

Source: www.guardian.co.uk

IPCC face conferring ban after fatal police shootings – The Independent

Posted January 20th, 2014 in complaints, evidence, firearms, inquests, news, ombudsmen, police by sally

‘Police officers could be banned from conferring after fatal shootings in the wake of the death of Mark Duggan.’

Full story

The Independent, 17th January 2014

Source: www.independent.co.uk

MoJ confirms plans for medical whiplash panels – Law Society’s Gazette

Posted January 16th, 2014 in doctors, evidence, fraud, limitations, news, personal injuries by tracey

‘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.’

Full story

Law Society’s Gazette, 16th January 2014

Source: www.lawgazette.co.uk

Disclosure costs force CPS to drop drugs case – Law Society’s Gazette

‘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.’

Full story

Law Society’s Gazette. 14th January 2014

Source: www.lawgazette.co.uk

I Want My Baby Back – BBC One Panorama

Posted January 13th, 2014 in adoption, evidence, expert witnesses, family courts, news, social services by tracey

‘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’

Further details

BBC One, 13th January 2014

Source: www.bbc.co.uk

Is the Mental Capacity Act incompatible with the ECHR? – Halsbury’s Law Exchange

Posted January 10th, 2014 in Court of Protection, evidence, human rights, mental health, news, select committees by tracey

‘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.’

Full story

Halsbury’s Law Exchange, 10th January 2014

Source: www.halsburyslawexchange.co.uk

Parkside Nursing Home deaths: Police to review evidence – BBC News

Posted January 10th, 2014 in care homes, care workers, disciplinary procedures, elderly, evidence, news by tracey

‘Police are to review evidence given at a tribunal after five “severely” neglected patients died in two weeks at a Northampton home.’

Full story

BBC News, 9th January 2014

Source: www.bbc.co.uk

MacLennan v Morgan Sindall (Infrastructure) plc – WLR Daily

Posted January 9th, 2014 in civil procedure rules, evidence, law reports, news, witnesses by sally

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

Mark Duggan inquest key evidence: Was he really armed? Were the police under threat? – The Independent

Posted January 9th, 2014 in evidence, firearms, inquests, news, police by sally

‘To the police on the job, it started with a “textbook” stop of a minicab carrying a dangerous gangster. Three police cars forced Mark Duggan’s vehicle to pull over following intelligence that he had picked up a gun from a criminal associate.’

Full story

The Independent, 9th January 2014

Source: www.independent.co.uk

Divorced wife ‘cheated out of millions after husband failed to reveal assets’ – Daily Telegraph

Posted December 19th, 2013 in appeals, divorce, evidence, financial provision, news by tracey

‘A divorced wife claims her ex-husband misled her about the value of his computer software business to cheat her out of a multi-million-pound settlement. Alison Sharland, 46, says Charles, 53, convinced her to give up her claim to an equal share when they divorced.’

Full story

Daily Telegraph, 18th December 2013

Source: www.telegraph.co.uk

The need for Gypsies and Travellers to respond to the Government’s balance of competences review on fundamental rights – Garden Court Chambers Blog

Posted December 16th, 2013 in complaints, EC law, evidence, human rights, news, travellers by sally

‘Marc Willers explains why it is so important that Gypsies and Travellers respond to the Government’s balance of competences review on fundamental rights by submitting evidence before 13 January 2014.

Full story

Garden Court Chambers Blog, 13th December 2013

Source: www.gclaw.wordpress.com

Man wrongly convicted of sexual assault is freed after 17 years in jail – The Guardian

‘A man who spent 17 years behind bars after being wrongly convicted of a sexual assault has been freed by the court of appeal after DNA evidence pointed to another man as the perpetrator.’

Full story

The Guardian, 13th December 2013

Source: www.guardian.co.uk

The Shortcomings of Computer-Generated Exhibits – Criminal Law and Justice Weekly

Posted December 9th, 2013 in computer programs, evidence, juries, news by sally

‘Guidelines should be given on the use of computer-generated exhibits, Dr Gareth Norris writes.’

Full story

Criminal Law and Justice Weekly,

Source: www.criminallawandjustice.co.uk