Category: evidence

Expert evidence and the amendments to CPR 35 – Hardwicke Chambers

Posted April 23rd, 2013 in civil procedure rules, costs, evidence, expert witnesses, news by sally

“The case of the Ikarian Reefer 1993 2 LILR 68, 81-82 is still the definitive case in respect of the duties and role of an expert witness and the introduction of the Civil Procedure Rules in 1999 was in part designed to reinforce that. In 2000 HHJ Toulmin further refined the definition in Anglo Group plc v Winther Brown & Co Ltd but in the last 10 or so years we have slipped back into old ways with partisan experts being allowed to provide wide ranging reports and encouraged by the parties to give opinions outside their actual remit.”

Full story

Hardwicke Chambers, 18th April 2013

Source: www.hardwicke.co.uk

‘I’m sure that’s him’: Considering the Rules of Recognition Evidence – One Inner Temple Lane

Posted April 23rd, 2013 in closed circuit television, evidence, news, witnesses by sally

“Given the prevalence of CCTV cameras, it is perhaps of little surprise that recognition evidence is on the rise. This article will consider the relevant authorities, the ACPO Guidelines and PACE Code D, which together govern this form of evidence. Put simply, recognition evidence is the assertion by a police officer that they know an individual captured by CCTV, or still images, in the commission of an offence. This kind of evidence is potentially very dangerous, and, as such is only right that its use should be rigorously scrutinised and subject to strict regulation. This issue is common to a great many cases, but can be illustrated by the following example.”

Full story

One Inner Temple Lane, 23rd April 2013

Source: www.1itl.com

Abu Qatada could face prosecution in UK, says Theresa May – The Guardian

Posted April 18th, 2013 in bail, evidence, news, prosecutions, terrorism by sally

“The home secretary, Theresa May, has said police are examining evidence seized over the recent arrest of Islamic cleric Abu Qatada to see if he can be prosecuted in UK courts.”

Full story

The Guardian, 18th April 2013

Source: www.guardian.co.uk

Don’t look down: The decision in El-Dinnaoui v Westminster City Council – Hardwicke Chambers

Posted April 17th, 2013 in appeals, evidence, homelessness, housing, local government, news by sally

“The duty that local authorities have to accommodate homeless applicants in priority need is well established. But that duty, in section 193 of the Housing Act 1996, ceases to apply if a homeless applicant refuses to accept accommodation which is suitable for them.”

Full story

Hardwicke Chambers, 12th April 2013

Source: www.hardwicke.co.uk

Sapper Mark Smith death: Coroner calls for inquiry – BBC News

Posted April 12th, 2013 in armed forces, evidence, inquests, inquiries, news by sally

“A coroner has called for an inquiry to look at ‘systemic failures’ in an investigation into the death of a Kent soldier in Afghanistan.”

Full story

BBC News, 11th April 2013

Source: www.bbc.co.uk

McDaid v Nursing and Midwifery Council – WLR Daily

Posted April 10th, 2013 in appeals, evidence, law reports, midwives, professional conduct, whistleblowers by sally

McDaid v Nursing and Midwifery Council [2013] EWHC 586 (Admin); [2013] WLR (D) 132

“A professional conduct adjudication panel which had exceptionally decided to proceed in the absence of the accused was bound, in particular, to take reasonable steps to expose weaknesses in the case against the accused and to make such points on her behalf as the evidence permitted.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

Philpott – why wasn’t it murder and when will he be free? – Halsbury’s Law Exchange

Posted April 9th, 2013 in arson, bad character, duress, evidence, homicide, news, sentencing by sally

“1.3 million people tuned into Channel 5 when the schedule was changed at 9pm on 3 April 2013 to show a documentary examining the high-profile Philpott story, featuring new material about the tragic event and subsequent trial.”

Full story

Halsbury’s Law Exchange, 8th April 2013

Source: www.halsburyslawexchange.co.uk

No QOCS here: A Guide to the CPR Amendments you may have missed – Zenith Chambers

Posted April 2nd, 2013 in budgets, case management, civil procedure rules, costs, disclosure, evidence, news, part 36 offers by sally

“In all of the furore surrounding LASPO and the very real concerns about funding, it seems that very little attention has been paid to the significant changes to the CPR which will come into force on 1st April 2013. This is not an article about funding, legal aid, CFAs, DBAs, or even QOCS. Instead it is intended to provide an overview and guidance on the amendments being made to the CPR.”

Full story (PDF)

Zenith Chambers, 28th March 2013

Source: www.zenithchambers.co.uk

Abu Qatada: Government loses deportation appeal – BBC News

Posted March 27th, 2013 in appeals, deportation, evidence, immigration, news, terrorism, torture by tracey

“Home Secretary Theresa May has lost her appeal against a ruling preventing the
deportation of preacher Abu Qatada.”

Full story

BBC News, 27th March 2013

Source: www.bbc.co.uk

Unclear judgment on unclear occupancy – NearlyLegal

Posted March 27th, 2013 in appeals, evidence, housing, judges, landlord & tenant, local government, news by tracey

“This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.”

Full story

NearlyLegal, 24th March 2013

Source: www.nearlylegal.co.uk/blog/

Last-ditch bid to dilute secret courts plan fails – The Guardian

Posted March 27th, 2013 in bills, closed material, evidence, judiciary, news, private hearings by tracey

“A new generation of secret courts will be established in law within weeks after a last-ditch bid to water down controversial government plans failed in the House of Lords.”

Full story

The Guardian, 27th March 2013

Source: www.guardian.co.uk

Anonymity granted for nurse due to give evidence at inquest into death of Royal hoax call victim Jacintha Saldanha – The Independent

Posted March 27th, 2013 in anonymity, evidence, inquests, media, news, suicide by tracey

“A nurse due to give evidence at the inquest into the death of Royal hoax call victim Jacintha Saldanha has been granted anonymity to offer protection against similar media interest.”

Full story

The Independent, 26th March 2013

Source: www.independent.co.uk

Abu Qatada deportation decision due – BBC News

Posted March 27th, 2013 in appeals, deportation, evidence, immigration, news, terrorism, torture by tracey

“Home Secretary Theresa May is due to learn whether she has won an appeal to
overturn a decision to allow radical cleric Abu Qatada to stay in the UK.”

Full story

BBC News, 27th March 2013

Source: www.bbc.co.uk

In the teeth of it … – NearlyLegal

Posted March 26th, 2013 in appeals, evidence, housing, mental health, news by sally

“In El-Dinnaoui v Westminster CC [2013] EWCA Civ 231, the Court of Appeal found that the offer of a flat on the 16th floor of a block to a household which contained a person with fear of heights was perverse. The offer of accommodation was ‘in the teeth’ of the medical evidence. How could the case have got this far, one might well ask? At heart in this case, there is something interesting about the reception by homelessness officers about medical evidence (see comments at the end). The final point by way of introduction is a hat-tip to Debra Wilson at Anthony Gold who, I’m told, took Mr El-Dinnaoui’s appeal pro bono (and won).”

Full story

NearlyLegal, 22nd March 2013

Source: www.nearlylegal.co.uk

In re P-S (Children) (Care Proceedings: Evidence) – WLR Daily

Posted March 26th, 2013 in appeals, children, evidence, law reports by sally

In re P-S (Children) (Care Proceedings: Evidence) [2013] EWCA Civ 223; [2013] WLR (D) 113

“Although a child in care proceedings concerning him had the right to be “heard” in the proceedings, there was no rule as to how that was to be achieved, and a young boy, who had been granted status as a party to care proceedings concerning him, did not have the right to insist that he be permitted to give evidence to the court.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

Bank Mellat (Appellant) v HM Treasury (Respondent) – Supreme Court

Posted March 22nd, 2013 in banking, evidence, intelligence services, news, private hearings, Supreme Court, terrorism by sally

“Lord Neuberger, President of the Supreme Court, made the following statement in open court this afternoon:

‘Yesterday morning, having heard full argument on the issue the previous day, we decided, for reasons to be given later – and, it should be added, by a majority of six to three – that we had power to consider the closed judgment of Mr Justice Mitting (‘the closed judgment’) in this case. This would involve part of this hearing being conducted in private without Bank Mellat or its representatives being present. We also indicated that, on the basis of the arguments we had so far heard, we were not persuaded that it was necessary to take such a course.'”

Full story

Supreme Court, 21st March 2013

Source: www.supremecourt.gov.uk

Historical first as Supreme Court boots Iranian bank out of secret hearing – UK Human Rights Blog

Posted March 22nd, 2013 in banking, evidence, intelligence services, news, private hearings, Supreme Court, terrorism by sally

“Extraordinary developments in the Supreme Court today as the court, for the first time in its history, conducted a secret hearing during which one of the parties, an Iranian Bank, was not allowed to take part. Full background to the case, Bank Mellat (Appellant) v HM Treasury (Respondent) is here.”

Full story

UK Human Rights Blog, 21st March 2013

Source: www.ukhumanrightsblog.com

Supreme Court sits in secret for first time in history – The Independent

Posted March 21st, 2013 in banking, evidence, intelligence services, news, private hearings, Supreme Court, terrorism by sally

“The highest court in the land controversially sat in secret for the first time in its history today but insisted it had reached the decision with ‘great reluctance’.”

Full story

The Independent, 21st March 2013

Source: www.independent.co.uk

Half a Century of Change: The Evidence of Child Victims – Speech by The Right Honourable the Lord Judge

Posted March 21st, 2013 in child abuse, children, evidence, speeches, witnesses by sally

Half a Century of Change: The Evidence of Child Victims (PDF)

Speech by The Right Honourable the Lord Judge, Lord Chief Justice of England and Wales

Toulmin Lecture in Law and Psychiatry, 20th March 2013

Source: www.judiciary.gov.uk

Call for research into effects on children of giving evidence in abuse cases – The Guardian

Posted March 21st, 2013 in child abuse, children, evidence, news, speeches, witnesses by sally

“Research should be carried out into the long-term affects on those who give evidence about sexual abuse when they are a child, the lord chief justice, Lord Judge, has urged.”

Full story

The Guardian, 20th March 2013

Source: www.guardian.co.uk