Seventeen years: what does Andrew Malkinson’s wrongful conviction say about the appeals process? – UK Human Rights Blog

‘Earlier this month, the Court of Appeal overturned Andrew Malkinson’s conviction for rape and related assault offences, for which he had spent 17 years in prison. An appeal in 2006 upheld the verdict and applications to the Criminal Case Review Commission (CCRC) in 2012 and 2020 were denied. Finally, a third application last year convinced the CCRC to order fresh DNA analysis. It was this evidence as well as treatment of some previously undisclosed information to do with Malkinson’s witness identification which secured his release.’

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UK Human Rights Blog, 29th August 2023

Source: ukhumanrightsblog.com

Andrew Malkinson: independent inquiry announced into wrongful conviction – The Guardian

‘Ministers have announced an independent inquiry into the circumstances and handling of the Andrew Malkinson case after he was exonerated last month over a rape for which he wrongly spent 17 years in prison.’

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The Guardian, 24th August 2023

Source: www.theguardian.com

Third time lucky: ChD reconsiders failed unopposed rectification claim – Pensions Barrister

Posted August 24th, 2023 in evidence, news, rectification, wills by sally

‘A claimant has succeeded in obtaining rectification of a deed of appointment supplemental to a Will – but only on appeal to the Judge after the Master gave an opportunity to improve on the evidence (before the Master dismissed the claim) – and even though the application was unopposed: Laird v Simcock. Paul Newman KC has written a casenote highlighting the quality of evidence required for unopposed rectification applications.’

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Pensions Barristers, 24th August 2023

Source: www.pensionsbarrister.com

Sexual assault trial in Sheffield collapses after juror falls asleep – The Guardian

Posted August 22nd, 2023 in assault, evidence, juries, news, sexual offences by sally

‘A sexual assault trial in Sheffield has collapsed after a member of the jury fell asleep and missed “important evidence”, it has been reported.’

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The Guardian, 21st August 2023

Source: www.theguardian.com

Police and CPS had key DNA evidence 16 years before Andrew Malkinson cleared of rape – The Guardian

‘Police and prosecutors in the Andrew Malkinson case knew there was another man’s DNA on the victim’s clothes in 2007 – three years after he was wrongly convicted of rape – but he remained in prison for another 13 years.’

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The Guardian, 15th August 2023

Source: www.theguardian.com

New evidence claimed to undermine nurse’s conviction for killing patients – The Guardian

Posted August 1st, 2023 in evidence, murder, news, nurses, poisoning, statistics by sally

‘Fresh evidence has emerged that it is claimed undermines the conviction of a nurse jailed for life 17 years ago for murdering two of his patients and poisoning 15 others.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

UK high court to look at legal battle over WhatsApp evidence for Covid inquiry – The Guardian

‘A legal battle between the Cabinet Office and Covid public inquiry will be considered by the high court on Friday, amid wrangling over the issue of redacted documents, including Boris Johnson’s WhatsApp messages.’

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The Guardian, 30th June 2023

Source: www.theguardian.com

Stephen Lawrence: How the Met Police failed to spot suspect Matthew White – BBC News

Posted June 27th, 2023 in evidence, London, murder, news, police, racism by sally

‘The most notorious racist murder in British history has never been fully solved, but everyone thinks they know who attacked Stephen Lawrence.’

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BBC News, 26th June 2023

Source: www.bbc.co.uk

The Reality Of Rape Trials Is Grim For Survivors – The System Must Change – Each Other

Posted June 27th, 2023 in Crown Prosecution Service, evidence, juries, news, rape, victims, witnesses by sally

‘On Monday 19 June, the Ministry of Justice announced that it will be focusing on building trust between rape victims and the system – in order to reduce dropout rates before a trial.’

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Each Other, 23rd June 2023

Source: eachother.org.uk

SDT refused to disclose witness statements in sexual misconduct case – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) refused to disclose the witness statements of three young women who gave evidence of sexual misconduct by City lawyer Oliver Bretherton to journalists, it has emerged.’

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Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

Views sought on proposals to counter effects of rape myths in sexual offence trials – Law Commission

Posted May 26th, 2023 in consultations, evidence, Law Commission, news, rape, sexual offences by tracey

‘The Law Commission has today published proposals for reform of sexual offences prosecutions.’

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Law Commission, 23rd May 2023

Source: www.lawcom.gov.uk

Pre-recorded evidence improves rape victims’ experience of court – Ministry of Justice

‘Rape victims who pre-record their evidence are more likely to have a better experience of the court process, findings published today (3 April 2023) reveal.’

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Ministry of Justice, 3rd April 2023

Source: www.gov.uk

High Court Dismisses Application to Exclude Expert Evidence at Trial – Ropewalk Chambers

Posted March 30th, 2023 in chambers articles, evidence, expert witnesses, news, personal injuries by sally

‘In Fawcett v TUI UK Ltd [2023] EWHC 400 (KB), Dexter Dias KC, sitting as a Deputy High Court Judge, considered an application by the Claimant to exclude the Defendant’s expert evidence in a personal injury trial. The application was dismissed.’

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Ropewalk Chambers, 15th March 2023

Source: ropewalk.co.uk

Tory peer wins legal battle against former employee who accused him of ‘victimisation’ – Daily Telegraph

Posted February 16th, 2023 in audio recordings, employment, evidence, news, striking out, victimisation by sally

‘Employment judge found woman acted dishonestly by destroying a phone which contained a covert recording of conversation with Lord Ranger.’

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Daily Telegraph, 15th February 2023

Source: www.telegraph.co.uk

Paula Leeson: Father of drowned heiress wins legal challenge – BBC News

Posted January 19th, 2023 in evidence, inquests, married persons, murder, news by tracey

‘The father of a wealthy heiress who drowned while on holiday in Denmark has won a High Court challenge over the scope of an inquest into her death.’

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BBC News, 18th January 2023

Source: www.bbc.co.uk

Abuse of Process for Lost Evidence: Alive and Kicking – 25 Bedford Row

‘Colin Wells discusses the recent case of ANP [2022] EWCA Crim 1111 in which the Court of Appeal (Criminal Division) considered the circumstances of when a case might be stayed as an abuse of process when important evidence has been lost or destroyed.’

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25 Bedford Row, 5th December 2022

Source: www.25bedfordrow.com

Judge warns solicitors over witness statement compliance certificates – Legal Futures

‘The High Court has issued a stark warning to solicitors who sign a certificate of compliance on non-compliant witness statements so their clients can have their day in court.’

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Legal Futures, 4th January 2023

Source: www.legalfutures.co.uk

‘Is the conviction sound? No’: lawyer vows to prove Michael Stone’s innocence – The Guardian

‘Mark McDonald believes Russell murders case will turn out to be a serious miscarriage of justice.’

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The Guardian, 27th November 2022

Source: www.theguardian.com

Police apologise to woman for not pursuing sex assault report – BBC News

Posted October 24th, 2022 in evidence, media, news, police, sexual offences, victims by sally

‘A woman who was sexually assaulted at a bus station said police failed to act despite her sending them photos of her attacker.’

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BBC News, 24th October 2022

Source: www.bbc.co.uk

Case commentary in finding of fact hearing – By Mollie Briggs – Park Square Barristers

Posted October 20th, 2022 in care orders, children, doctors, evidence, expert witnesses, news by sally

‘The case involved a fact-finding hearing where the local authority applied for care orders in respect of two children, after the youngest child sustained significant brain injuries following a fall from the father’s arms whilst he was holding the child and picking up the older sibling.’

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Park Square Barristers, 18th October 2022

Source: www.parksquarebarristers.co.uk