“The supreme court has ruled for the first time in its history that it can examine secret judgments given by lower courts.”
The Guardian, 19th March 2013
Source: www.guardian.co.uk
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: [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
“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.”
Technology Law Update, 15th March 2013
Source: www.technology-law-blog.co.uk
“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.”
The Independent, 18th March 2013
Source: www.independent.co.uk
“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.”
The Guardian, 16th March 2013
Source: www.guardian.co.uk
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
“The Government’s seemingly endless battle to deport the radical cleric Abu Qatada went back before the courts today.”
The Independent, 11th March 2013
Source: www.independent.co.uk
“Radical preacher Abu Qatada must remain in custody following his arrest for allegedly breaching his bail conditions, a judge has ruled.”
The Guardian, 10th March 2013
Source: www.guardian.co.uk
“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
“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.”
The Independent, 6th March 2013
Source: www.independent.co.uk
“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.”
The Guardian, 5th March 2013
Source: www.guardian.co.uk
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
“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.”
The Guardian, 27th February 2013
Source: www.guardian.co.uk
“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
“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.”
The Guardian, 25th February 2013
Source: www.guardian.co.uk
“Ben Boucher-Giles of Fountain Chambers considers the Supreme Court’s judgment in J (Children) and considers how it fits into the wider picture of findings as they relate to threshold.”
Family Law Week, 25th February 2013
Source: www.familylawweek.com
“The judge in the Vicky Pryce trial last week dismissed the jury for ‘fundamental deficits in understanding’. Should jurors have to sit a test?”
The Guardian, 23rd February 2013
Source: www.guardian.co.uk
“The former deputy editor at the now-defunct News of the World newspaper will not face any charges regarding phone hacking, the CPS has announced.”
BBC News, 22nd February 2013
Source: www.bbc.co.uk
“Britain’s jury system should not be judged by the outcome of a single, complex and highly unusual case, senior lawyers have warned following the collapse of the Vicky Pryce trial.”
The Guardian, 21st February 2013
Source: www.guardian.co.uk
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