Children should give evidence, says Supreme Court – Law Society’s Gazette

Posted March 11th, 2010 in children, evidence, news, Supreme Court, trials by sally

“Children in family proceedings should be called to give live evidence in court if the advantage it would bring in deciding the case outweighs the risk of harm to the welfare of the child, the Supreme Court ruled last week.”

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Law Society’s Gazette, 11th March 2010

Source: www.lawgazette.co.uk

Courts distrust evidence from social workers – The Guardian

Posted March 8th, 2010 in evidence, expert witnesses, judiciary, news, social services by sally

“Courts are refusing applications to take children into care because some members of the judiciary hold social workers in such low esteem that they do not trust their evidence, it will be claimed this week in a major study.”

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The Guardian, 8th March 2010

Source: www.guardian.co.uk

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR Daily

Posted February 17th, 2010 in evidence, law reports, privilege, without prejudice communications by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others [2010] EWCA Civ 79; [2010] WLR (D) 40

“There was not, and need not be, an exception to the ‘without prejudice’ rule such as to permit evidence of ‘without prejudice’ communications and discussions to be given if there was a dispute about the interpretation of a written settlement agreement.”

WLR Daily, 16th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

News of the World loses battle over secret phone hacking evidence – The Guardian

Posted February 4th, 2010 in evidence, media, news, telecommunications by sally

“The News of the World yesterday lost a court battle to keep secret evidence which, it is claimed, would reveal widespread use of illegal methods by reporters to obtain personal information about celebrities.”

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The Guardian, 3rd February 2010

Source: www.guardian.co.uk

Police could be in breach of human rights legislation for using secret footage of hunts, say lawyers – Daily Telegraph

Posted February 2nd, 2010 in evidence, hunting, news, police, privacy by sally

“Police forces that use video surveillance of hunts recorded by animal rights groups could be breaking the law, under new guidance.”

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Daily Telegraph, 2nd February 2010

Source: www.telegraph.co.uk

Is divorce law fair? – Daily Telegraph

Posted January 22nd, 2010 in divorce, evidence, news by sally

“A multimillionaire faces Britain’s biggest divorce payout. Is Lisa Tchenguiz right to demand £100m of her husband’s wealth?”

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Daily Telegraph, 22nd January 2010

Source: www.telegraph.co.uk

Dog walker killer can challenge conviction – BBC News

Posted January 20th, 2010 in appeals, evidence, murder, news by sally

“A man convicted last year of murdering a woman as she walked her dog in 1996 has been given permission to challenge his conviction by the appeal court.”

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BBC News, 19th January 2010

Source: www.bbc.co.uk

Using intercept evidence in court ‘not yet viable’ – BBC News

Posted December 10th, 2009 in admissibility, evidence, interception, news by sally

“The use of intercept evidence in criminal trials is not yet ‘legally or practically viable’, the independent reviewer of terror laws has said.”

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BBC News, 10th December 2009

Source: www.bbc.co.uk

R (Adams) v Secretary of State for Justice – WLR Daily

Posted December 4th, 2009 in compensation, evidence, law reports, miscarriage of justice by sally

R (Adams) v Secretary of State for Justice [2009] EWCA Civ 1291; [2009] WLR (D) 350

“A convicted person seeking compensation as a result of reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there had been a miscarriage of justice had to show that the facts had been unknown to the convicted person during the trial process or an in-time appeal. Incompetence by legal representatives in deploying those facts at trial was not envisaged as something going seriously wrong in the conduct of the trial such as to constitute a miscarriage of justice.”

WLR Daily, 3rd December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Baby P emails: judge demands explanation from Ofsted – The Guardian

Posted December 2nd, 2009 in child abuse, disclosure, evidence, news, social services by sally

“Newly disclosed court documents suggest Ofsted inspectors who wrote a damning report on Haringey children’s services were ordered to delete emails relating to Baby Peter and the council, a high court judge disclosed today.”

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The Guardian, 2nd December 2009

Source: www.guardian.co.uk

Judges rule against government over secret evidence in terror cases – The Guardian

Posted December 1st, 2009 in bail, evidence, news, terrorism by sally

“Two men suspected of terrorism-related activities won a landmark high court battle today when judges ruled that a person could not be denied bail solely on the basis of secret evidence.”

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The Guardian, 1st December 2009

Source: www.guardian.co.uk

Ban intercept evidence in terror trials, advises Lord Carlile – The Guardian

Posted November 25th, 2009 in admissibility, evidence, interception, news, terrorism by sally

“Intercept evidence should not be allowed into British terror trials, the government’s terrorism reviewer said today.”

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The Guardian, 24th November 2009

Source: www.guardian.co.uk

Al Rawi and others v Security Service and others – WLR Daily

Al Rawi and others v Security Service and others [2009] EWHC 2959 (QB); [2009] WLR (D) 335

It could be lawful and proper for a court to order that a closed material procedure (avoiding disclosure of material contrary to the public interest otherwise than to special advocates) be adopted in a civil claim for damages.

WLR Daily, 19th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Tony Blair to give evidence in public in Iraq war inquiry – The Guardian

Posted November 13th, 2009 in evidence, inquiries, Iraq, news by sally

“Tony Blair is set to give evidence in public to the Iraq war inquiry in the run-up to the next election, it was announced last night.”

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The Guardian, 13th November 2009

Source: www.guardian.co.uk

Move to withhold evidence in torture collusion claim – The Guardian

Posted October 28th, 2009 in damages, evidence, intelligence services, news, private hearings, rendition, torture by sally

“Any evidence of MI5 and MI6 involvement in the rendition and torture of Britons now seeking damages must be heard behind closed doors, the government told the high court today (27 October).”

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The Guardian, 27th October 2009

Source: www.guardian.co.uk

Alan Johnson ‘stops the clock’ on Gary McKinnon’s extradition proceedings – The Times

Posted October 27th, 2009 in computer crime, evidence, extradition, mental health, news by sally

“The Home Secretary has thrown a lifeline to Gary McKinnon, the alleged computer hacker, with a promise to examine new medical evidence “very carefully” before deciding on his extradition to the United States.”

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The Times, 27th October 2009

Source: www.timesonline.co.uk

R v Ghulam – WLR Daily

Posted October 23rd, 2009 in evidence, fitness to plead, insanity, law reports, statutory interpretation by sally

R v Ghulam; [2009] WLR (D) 303

“The word ‘determination’ in s 4(6) of the Criminal Procedure (Insanity) Act 1964 refers only to a determination that a defendant is unfit to plead so that, where that provision’s requirement for evidence from two or more registered medical practitioners to be before the court has not been met, the trial judge is not bound to adjourn the trial but may properly conclude that the defendant is fit to plead and that the trial may continue.”

WLR Daily, 22nd October 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Guantanamo Bay ‘torture’ ruling threatens intelligence sharing with US – Daily Telegraph

Posted October 19th, 2009 in disclosure, evidence, intelligence services, news, torture by sally

“The future of intelligence sharing between Britain and the United States is under threat after judges ruled secret evidence relating to the the torture allegedly suffered by Binyam Mohamed, a former Guantanamo Bay inmate, should be released.”

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Daily Telegraph, 17th October 2009

Source: www.telegraph.co.uk

Police errors mean girl’s killer may never be found – The Independent

Posted October 16th, 2009 in evidence, news, police, professional conduct by sally

“Officers to be disciplined over poor handling of covert surveillance operation.”

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The Independent, 16th October 2009

Source: www.independent.co.uk

Should intercept evidence on terror suspects be made admissible in court? – The Times

Posted September 17th, 2009 in evidence, interception, news, terrorism by sally

“The control orders regime for detaining suspects who have been neither charged nor prosecuted has been widely discredited.”

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The Times, 17th September 2009

Source: www.timesonline.co.uk