evidence – Page 48 – Current Awareness

Regina v Hobson – WLR Daily

Posted June 6th, 2013 in appeals, crime, evidence, jury directions, law reports by sally

Regina v Hobson [2013] EWCA Crim 819 ; [2013] WLR (D) 215

“Where specimen counts were charged but complainants described in their evidence particular incidents, the trial judge should direct the jury of the necessity to be sure that the offence had been committed on the same occasion, either on an occasion in the course of the unspecified pattern of offending, or on one of the particular occasions identified in the evidence.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Coroner calls for Alexander Litvinenko inquiry – The Independent

Posted June 6th, 2013 in coroners, disclosure, evidence, inquiries, murder, news, poisoning, spying by sally

“The coroner presiding over the inquest into the poisoning of Alexander Litvinenko has called on the government to replace it with a public inquiry.”

The Independent, 5th June 2013

Source: www.independent.co.uk

The Revised Public Law Outline …. and this time they mean it – Family Law Week

Posted June 5th, 2013 in bills, care orders, disclosure, evidence, family courts, local government, news, social services by sally

“Andrew Pack, care lawyer with Brighton & Hove City Council, explains and comments on the changes made by the recently published Revised Public Law Outline.”

Family Law Week, 4th June 2013

Source: www.familylawweek.co.uk

In re Joseph Hill & Co, Solicitors – WLR Daily

Posted June 4th, 2013 in appeals, criminal procedure, delay, evidence, law reports, witnesses by sally

In re Joseph Hill & Co, Solicitors [2013] EWCA Crim 775 ; [2013] WLR (D) 210

“There was a statutory obligation on the defence to give notice to the prosecution of the name, address and date of birth of any witness whom the defendant believed was able to give evidence in support of his alibi. If there was a practice of advising that the names and addresses of alibi witnesses should not be disclosed unless and until they had provided signed proofs of evidence, that practice was misguided and wrong.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

Surveillance: RIPA and the Communications Data Bill – Panopticon

Posted May 30th, 2013 in admissibility, bills, evidence, intelligence services, internet, investigatory powers, news, police, telecommunications by sally

“The Communications Data Bill, shelved amid political heavy weather, is back on the agenda in the wake of last week’s Woolwich murder. Today for example, Conservative MP and former policing minister Nick Herbert wrote an article in The Times in support of the Bill and responding to those who have called it a ‘snooper’s charter’.”

Panopticon, 29th May 2013

Source: www.panopticonblog.com

Psych versus Psych: A Diagnostic Dispute and the Implications for Expert Witnesses in Family Proceedings – Family Law Week

Posted May 29th, 2013 in evidence, expert witnesses, family courts, mental health, news by sally

“William Tautz, barrister of Tooks Chambers, examines the fundamental challenge to psychiatric diagnosis recently announced by the British Psychological Association and explores its implications for the instruction and cross-examination of expert witnesses in a post-streamlined PLO world.”

Family Law Week, 23rd May 2013

Source: www.familylawweek.co.uk

Interflora Inc and another v Marks and Spencer plc and another – WLR Daily

Posted May 21st, 2013 in civil procedure rules, evidence, law reports, reports by sally

Interflora Inc and another v Marks and Spencer plc and another [2013] EWHC 936 (Ch); [2013] WLR (D) 183

“CPR Pt 35 controlled the giving of evidence by experts as so defined and did not control the admission of other types of evidence which might be described as expert evidence.”

WLR Daily, 15th April 2013

Source: www.iclr.co.uk

Fresh evidence challenges ‘Angel of Death’ nurse Colin Norris’s conviction – The Guardian

Posted May 21st, 2013 in Criminal Cases Review Commission, elderly, evidence, murder, news, nurses by sally

“Fresh medical and scientific evidence is being published this week that campaigners hope will lead to the release of Colin Norris, the former nurse and so-called ‘Angel of Death’ serving life for the murder or attempted murder of five elderly women.”

The Guardian, 20th May 2013

Source: www.guardian.co.uk

Elena Ambrosiadou wins legal battle with ex-husband Martin Coward over software: They might be rich – but judge isn’t buying it in ‘toxic’ divorce – The Independent

Posted May 20th, 2013 in divorce, evidence, financial dispute resolution, news by sally

“Two hedge fund tycoons whose marriage ‘turned toxic’ were accused by a judge yesterday of giving ‘tainted’ evidence in their battle over the spoils of their failed relationship.”

The Independent, 17th May 2013

Source: www.independent.co.uk

Fair inquest for Litvinenko impossible, judge warns – The Independent

Posted May 20th, 2013 in closed material, disclosure, evidence, inquests, intelligence services, news, Russia by sally

“Hearing in danger of collapse after British Government’s accused of evidence cover-up.”

The Independent, 17th May 2013

Source: www.independent.co.uk

Litvinenko inquest close to collapse after coroner rules crucial evidence secret – The Guardian

Posted May 17th, 2013 in confidentiality, evidence, inquests, intelligence services, news, private hearings, spying by sally

“The inquest into the death of Alexander Litvinenko is close to collapse after a coroner partially upheld an application by William Hague to keep crucial evidence secret.”

The Guardian, 17th May 2013

Source: www.guardian.co.uk

Ministers seek to cut £50m legal aid bill for expert witnesses in family courts – The Guardian

Posted May 16th, 2013 in consultations, evidence, expert witnesses, family courts, fees, legal aid, news by sally

“Too many expert witnesses are being paid to give evidence of little value in family courts, according to the Ministry of Justice which is proposing a fresh round of cuts to legal aid.”

The Guardian, 16th May 2013

Source: www.guardian.co.uk

JD Wetherspoon plc v Harris and others – WLR Daily

Posted May 3rd, 2013 in admissibility, evidence, law reports, summary judgments, witnesses by tracey

JD Wetherspoon plc v Harris and others: [2013] EWHC 1088 (Ch); [2013] WLR (D) 159

“It was not appropriate to apply for summary judgment after the exchange of witness statements in proceedings alleging fraud and dishonesty where the applications were based on a particular interpretation of facts and on the inferences to be drawn from established facts. Paragraphs in a witness statement containing a recitation of facts based on documents, commentary on those documents, argument, submissions and expressions of opinion, made by a witness who had had no prior involvement with the subject matter of the proceedings were abusive and should be struck out.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Every picture tells a story – Hardwicke Chambers

Posted May 2nd, 2013 in evidence, expert witnesses, negligence, news, personal injuries, photography by sally

“Jamie Clarke interviews expert clinical photographer and proprietor of Clinical Photography UK, Tim Zoltie on the use of photography in personal injury and clinical negligence claims.”

Hardwicke Chambers, 24th April 2013

Source: www.hardwicke.co.uk

Chagossians: Wikileaks cables not admissible in court – UK Human Rights Blog

Posted April 29th, 2013 in Chagos Islands, disclosure, evidence, fisheries, human rights, indigenous peoples, international law, judicial review, news, public interest immunity by tracey

“Bancoult v. Foreign & Commonwealth Office, Divisional Court, Richards LJ and Mitting J, 16-24 April 2013, judgment awaited. A quick update at the end of the recent judicial review on 24 April by Mr Bancoult on behalf of the Chagossian islanders, but before judgment. The challenge was to the designation of the waters around their islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

UK Human Rights Blog, 28th April 2013

Source: www.ukhumanrightsblog.com

Theresa May’s treaty with Jordan: this is the game-changer she needs – Head of Legal

Posted April 26th, 2013 in deportation, evidence, news, torture, treaties by tracey

“A day after the Court of Appeal refused her permission to appeal to the Supreme Court in the Abu Qatada case, Theresa May’s announcement today of a mutual legal assistance treaty with Jordan seems finally to turn the case in her favour.”

Head of Legal, 24th April 2013

Source: www.headoflegal.com

Hillsborough disaster police officers to refuse to give evidence to inquest – The Guardian

Posted April 26th, 2013 in delay, evidence, health & safety, inquests, news, police, sport by tracey

“Police officers on duty at Sheffield Wednesday’s Hillsborough football ground when 96 Liverpool supporters died in 1989 will refuse to give evidence to the new inquest into the disaster, their barristers have said at a pre-inquest hearing.”

The Guardian, 25th April 2013

Source: www.guardian.co.uk

Theresa May to set out next steps over Abu Qatada deportation – The Guardian

Posted April 24th, 2013 in appeals, deportation, evidence, news, terrorism, torture by sally

“Theresa May is to detail renewed diplomatic attempts to secure fresh assurances from Jordan that the radical Islamist preacher Abu Qatada will not face a trial based on torture-obtained evidence if he is deported from Britain.”

The Guardian, 24th April 2013

Source: www.guardian.co.uk

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