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

“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.”

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UK Human Rights Blog, 21st March 2013

Source: www.ukhumanrightsblog.com

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

“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’.”

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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.”

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The Guardian, 20th March 2013

Source: www.guardian.co.uk

Supreme court rules it can examine secret judgements by lower courts – The Guardian

Posted March 20th, 2013 in closed material, evidence, news, private hearings, Supreme Court by tracey

“The supreme court has ruled for the first time in its history that it can examine secret judgments given by lower courts.”

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The Guardian, 19th March 2013

Source: www.guardian.co.uk

Taylor (Bonnett) v The Queen – WLR Daily

Posted March 19th, 2013 in appeals, evidence, juries, law reports, Privy Council, witnesses by tracey

Taylor (Bonnett) v The Queen: [2013] UKPC 8;   [2013] WLR (D)  104

“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

R (McGetrick) v Parole Board and another – WLR Daily

Posted March 19th, 2013 in appeals, evidence, law reports, parole, release on licence by tracey

R (McGetrick) v Parole Board and another: [2013] EWCA Civ 182;   [2013] WLR (D)  107

“The Parole Board had power to make an interlocutory direction requiring that evidence submitted by the Secretary of State be excluded from the final dossier of material taken into account by the panel deciding on whether to release a prisoner on licence.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Covert recordings may be admissible in Employment Tribunals – Technology Law Update

Posted March 19th, 2013 in admissibility, employment tribunals, evidence, news, video recordings by tracey

“As technology becomes more sophisticated, so do the challenges faced by employers.  A seemingly common query relates to the legality of covert recordings made by employees of face to face meetings with managers or colleagues on smart phones or tablets.”

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Technology Law Update, 15th March 2013

Source: www.technology-law-blog.co.uk

Huntsman Brian Fraser jailed over unlicensed gun after he was cleared of shooting ex-lover – The Independent

Posted March 18th, 2013 in DNA, evidence, firearms, grievous bodily harm, news, restraining orders by sally

“A huntsman who was cleared of shooting his former lover outside her country home has been jailed for eight months for possessing a firearm without a licence.”

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The Independent, 18th March 2013

Source: www.independent.co.uk

The three women fighting to clear their loved ones’ names – The Guardian

Posted March 18th, 2013 in appeals, evidence, families, joint enterprise, miscarriage of justice, murder, news by sally

“What is it like if your brother or son is convicted of murder when you are convinced they are innocent? We meet three women who have fought for years to prove their loved ones’ innocence.”

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The Guardian, 16th March 2013

Source: www.guardian.co.uk

Regina v Plunkett (Daniel): Regina v Plunkett (James) – WLR Daily

Posted March 15th, 2013 in admissibility, appeals, evidence, investigatory powers, law reports by tracey

Regina v Plunkett (Daniel): Regina v Plunkett (James): [2013] EWCA Crim 261;   [2013] WLR (D)  98

“Covert recordings of conversations between defendants which had taken place whilst they were in the rear of a police van were not to be categorised as intrusive surveillance, under the Regulation of Investigatory Powers Act 2000, because a police van, used solely for police purposes, was not a private vehicle.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Decision on hold after Home Secretary’s appeal against ruling that blocked Abu Qatada deportation – The Independent

Posted March 12th, 2013 in appeals, bail, deportation, evidence, news, terrorism, torture by sally

“The Government’s seemingly endless battle to deport the radical cleric Abu Qatada went back before the courts today.”

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The Independent, 11th March 2013

Source: www.independent.co.uk

Abu Qatada must remain in custody – The Guardian

Posted March 11th, 2013 in bail, deportation, detention, evidence, human rights, news, terrorism, torture by sally

“Radical preacher Abu Qatada must remain in custody following his arrest for allegedly breaching his bail conditions, a judge has ruled.”

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The Guardian, 10th March 2013

Source: www.guardian.co.uk

Silence is not necessarily golden: the consequences of failing to adduce evidence in rebuttal in civil trials – Zenith Chambers

Posted March 6th, 2013 in burden of proof, evidence, news, witnesses by sally

“Gordon Exall considers the practical issues that arise from the principle that a court can draw adverse inferences from a party’s failure to adduce evidence on an issue.”

Full story (PDF)

Zenith Chambers, 12th February 2013

Source: www.zenithchambers.co.uk

Exclusive: Chilcot Inquiry to challenge official line on Iraq – The Independent

Posted March 6th, 2013 in disclosure, electronic mail, evidence, inquiries, Iraq, news, war by sally

“The inquiry into how Tony Blair committed Britain to war in Iraq is set to challenge the official version of events when it reports later this year, The Independent understands. The team led by Sir John Chilcot, which is examining Britain’s part in the US-led invasion, will ‘challenge previous accounts of what happened’, according to senior sources in the inquiry.”

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The Independent, 6th March 2013

Source: www.independent.co.uk

Britain’s most senior judge takes aim at gender imbalance – The Guardian

Posted March 5th, 2013 in closed material, diversity, evidence, judges, judiciary, news, women by sally

“The stereotypical image of judges as male and white may be so deeply entrenched that there could be an ‘unconscious bias’ against women, the United Kingdom’s most senior judge has suggested.”

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The Guardian, 5th March 2013

Source: www.guardian.co.uk

Perry v Nursing and Midwifery Council – WLR Daily

Posted March 4th, 2013 in appeals, employment tribunals, evidence, human rights, law reports, nurses by sally

Perry v Nursing and Midwifery Council [2013] EWCA Civ 145; [2013] WLR (D) 88

“Fairness did not require that a respondent to an allegation of unfitness to practise his profession had to be given an opportunity to give evidence as to the substance of that allegation before a tribunal considering whether to make an interim suspension order or other interim order under a legislative scheme, such as that contained in the Nursing and Midwifery Order 2001, since that was not what the statutory scheme envisaged or what fairness required at the interim stage. Guidance was given as to the procedure to be followed by a committee, considering whether to make an interim order pending the substantive hearing of a complaint against a member of the profession, in order to satisfy the fairness requirement.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

Sun cleared of subterfuge over article on Norfolk Broads deaths – The Guardian

Posted February 28th, 2013 in complaints, evidence, media, news, police by sally

“The Sun did not breach rules on subterfuge when it obtained details of a police evidence list at the scene of the Norfolk Broads deaths, the press watchdog has ruled.”

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The Guardian, 27th February 2013

Source: www.guardian.co.uk

Without prejudice communications – 11 Stone Buildings

“When a litigator enters into settlement discussions, the general rule is that the content of those communications are protected by the Without Prejudice Rule and cannot be relied upon as evidence in court if the case doesn’t settle. This rule, however, does not constitute a blanket ban. In this note James Barnard reminds us of the Without Prejudice Rule framework, its recognised exceptions and how the Supreme Court case of Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] UKSA 44 created another wide-ranging exception.”

Full story (PDF)

11 Stone Buildings, February 2013

Source: www.11sb.com

Litvinenko inquest: newspapers launch challenge over withholding of evidence – The Guardian

“Media groups will on Tuesday challenge what they describe as a ‘deeply troubling’ attempt by the government to withhold evidence from the inquest into the murder of Alexander Litvinenko.”

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The Guardian, 25th February 2013

Source: www.guardian.co.uk