Category: evidence

Secretary of State for Health and others v Servier Laboratories Ltd and others National Grid Electricity Transmission plc v ABB Ltd and others – WLR Daily

Posted October 25th, 2013 in appeals, civil procedure rules, crime, disclosure, EC law, evidence, foreign jurisdictions, law reports by sally

Secretary of State for Health and others v Servier Laboratories Ltd and others
National Grid Electricity Transmission plc v ABB Ltd and others [2013] EWCA Civ 1234 ; [2013] WLR (D) 401

“It was not mandatory for the court to make use of Council Regulation (EC) No 1206/2001 in order to obtain information or disclosure from a party to litigation from another member state, notwithstanding that compliance with an order made by the court under CPR Pt 18 or Pt 31 might expose the party to a risk of criminal prosecution in that member state.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

Alcohol Testing – What are the options? – Family Law Week

Posted October 22nd, 2013 in alcohol abuse, evidence, news by sally

“Julie Stather, barrister, of 42 Bedford Row and Farooq Ahmed, barrister, of 7 Bedford Row consider the advantages and disadvantages of the various methods available for alcohol testing.”

Full story

Family Law Week, 20th October 2013

Source: www.familylawweek.co.uk

Magistrates throw out plan to ditch Bible oath – Daily Telegraph

Posted October 21st, 2013 in Christianity, courts, evidence, magistrates, news, oaths, witnesses by sally

“Swearing on the Bible will continue to be a crucial part of giving evidence in court after magistrates threw out proposals to introduce a modernised oath.”

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Daily Telegraph, 19th October 2013

Source: www.telegraph.co.uk

Ex-EDL leaders will not face court over alleged obstruction of police – The Guardian

Posted October 17th, 2013 in demonstrations, evidence, news, police, political parties, prosecutions by sally

“Two former English Defence League leaders will not have to answer a charge of obstructing police after prosecutors deemed there was insufficient evidence against them.”

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The Guardian, 16th October 2013

Source: www.guardian.co.uk

Susan May’s 20-year fight against murder conviction – BBC News

Posted October 15th, 2013 in appeals, Criminal Cases Review Commission, evidence, miscarriage of justice, murder, news by sally

“For the past two decades Susan May says one goal has consumed her every waking thought – to clear her name and overturn her conviction for the murder of her aunt.”

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BBC News, 14th October 2013

Source: www.bbc.co.uk

Plebgate: Keir Starmer defends police investigation – The Guardian

Posted October 14th, 2013 in Crown Prosecution Service, delay, evidence, government departments, human rights, news, police, video recordings, whistleblowers by sally

“Britain’s most senior prosecutor said he understands concerns surrounding the time it has taken to investigate police officers over the Plebgate saga, which cost Tory MP Andrew Mitchell his cabinet post.”

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The Guardian, 13th October 2013

Source: www.guardian.co.uk

Michael Bennison trial stopped over ‘lost’ DNA evidence – BBC News

Posted October 11th, 2013 in attempted murder, attempts, DNA, evidence, murder, news, wounding by sally

“The trial of a man for the attempted murder of a woman in York has been abandoned after DNA evidence was lost.”

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BBC News, 9th October 2013

Source: www.bbc.co.uk

Michael Moss killing: Ex-partner Collette Booth arranged attack – BBC News

Posted October 9th, 2013 in assault, evidence, homicide, news, sentencing, telecommunications, video recordings by sally

“A woman who arranged for two men to attack her former partner has been jailed for manslaughter.”

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BBC News, 8th October 2013

Source: www.bbc.co.uk

Witness evidence – Hardwicke Chambers

Posted October 8th, 2013 in evidence, news, witnesses by sally

“A good witness statement can greatly improve the chances of success in any case, whereas conversely a poorly drafted one can undermine what may otherwise be a potentially strong claim or defence. Andy Lane reports on a recent Chancery Division authority which serves as a timely reminder to us all.”

Full story

Hardwicke Chambers, 2nd October 2013

Source: www.hardwicke.co.uk

Jeremy Forrest trial: No action to be taken against woman over perverting the course of justice claim – The Independent

Posted October 8th, 2013 in child abduction, defence, evidence, news, perverting the course of justice, prosecutions by sally

“No further action will be taken against a woman who was suspected of trying to pervert the course of justice in connection with the case of jailed teacher Jeremy Forrest.”

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The Independent, 7th October 2013

Source: www.independent.co.uk

New Zealand businessman Mark Lundy set for retrial after 12 years in jail as he wins appeal in UK court over murder conviction

Posted October 8th, 2013 in evidence, murder, news, Privy Council, retrials by sally

“A businessman sentenced to life imprisonment for the murders of his wife and daughter in New Zealand had his conviction quashed by a British court today following the emergence of new evidence.”

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The Independent, 7th October 2013

Source: www.independent.co.uk

Child sexual abuse victims are being failed by courts, says NSPCC – The Guardian

Posted October 7th, 2013 in barristers, child abuse, courts, cross-examination, evidence, news, prosecutions, statistics, victims, witnesses by sally

“Children giving evidence in court in sexual abuse cases need to be given more support because many suffer from stress before a trial, the NSPCC has said.”

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The Guardian, 5th October 2013

Source: www.guardian.co.uk

Balancing the Niqab in the Courtroom on the Head of a Pin: the Case of D(R) – The Barristers’ Hub

Posted October 1st, 2013 in courts, evidence, freedom of expression, Islam, news, women by sally

“Professor Susan Edwards, following recent judicial guidance and debate on the wearing of the niqab, provides both expert and legal opinion on the issue.”

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The Barristers’ Hub, 1st October 2013

Source: www.barristershub.co.uk

Newlyweds jailed after honeymoon burglaries – BBC News

Posted September 30th, 2013 in burglary, evidence, news, sentencing, video recordings by sally

“A newlywed couple who began their honeymoon by ransacking the home of a pensioner have been jailed.”

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BBC News, 27th September 2013

Source: www.bbc.co.uk

Councils using CCTV to fine motorists for parking to be made illegal – The Independent

Posted September 27th, 2013 in closed circuit television, evidence, fines, local government, news, parking by sally

“Councils in England could be banned from using CCTV cameras and ‘spy cars’ to hand motorists parking fines under new government proposals.”

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The Independent, 27th September 2013

Source: www.independent.co.uk

Police ‘containment’ of Palestinian solidarity protester was lawful, rules High Court – UK Human Rights Blog

Posted September 25th, 2013 in demonstrations, detention, evidence, human rights, news, police, proportionality, video recordings by sally

“The High Court has found that the containment of a protester in a designated protesting pen for seventy five minutes was not unlawful at common law, nor under the Human Rights Act 1998.”

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UK Human Rights Blog, 24th September 2013

Source: www.ukhumanrightsblog.com

Experts acclimatise to tougher post-Jackson life – Litigation Futures

Posted September 25th, 2013 in appeals, evidence, expert witnesses, fees, news, proportionality by sally

“The post-Jackson climate for expert witnesses is ‘leaner and meaner’, according to a leading observer of their work.”

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Litigation Futures, 25th September 2013

Source: www.litigationfutures.com

Niqab court ruling: a classic exercise in reasonableness – Halsbury’s Law Exchange

Posted September 25th, 2013 in court dress, evidence, freedom of expression, human rights, Islam, juries, news, practice directions, religious discrimination, rule of law, women by sally

“In 1894 Edward Marshall Hall KC defended the Austrian-born prostitute Marie Hermann, charged with the murder of a client whose body she hid in a trunk. The jury acquitted of murder and convicted of manslaughter after what has become his most famous jury speech ending with, ‘Look at her, gentlemen of the jury, look at her. God never gave her a chance, won’t you?’ The personalities may have changed and the language less flowery but the basic principle of a jury trial is the same – we judge our peers on the evidence and that is the evidence presented in court. This includes our assessment of other human beings, not just what they say but how they say it.”

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Halsbury’s Law Exchange, 25th September 2013

Source: www.halsburyslawexchange.co.uk

Surprise bid to put Shrien Dewani on trial in Britain – The Guardian

Posted September 23rd, 2013 in Crown Prosecution Service, evidence, extradition, forensic science, jurisdiction, mental health, murder, news by sally

“Lawyers for Shrien Dewani, the honeymoon murder suspect, are to ask British prosecutors to consider bringing a case against him in a dramatic attempt to avoid a trial in South Africa.”

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The Guardian, 21st September 2013

Source: www.guardian.co.uk

Veils in court – should they be allowed? – Legal Week

Posted September 20th, 2013 in courts, evidence, freedom of expression, Islam, news, women by sally

“The media have been riveted in recent days by a drama in Blackfriars Crown Court, where a defendant charged with intimidating a witness refused to remove her full-face veil or ‘niqab’.”

Full story

Legal Week, 19th September 2013

Source: www.legalweek.com