Category: evidence

Limiting the scope of psychiatric evidence in criminal trials – Case Analysis – R v BRM [2022] EWCA Crim 385 – 4 King’s Bench Walk

Posted April 6th, 2022 in appeals, autism, chambers articles, evidence, expert witnesses, mental health, murder, news, young offenders by sally

‘The case related to the murder of Ollie Stephens, the trial of which occurred at Reading Crown Court in June to July 2021 and was widely reported in the national media. Mr Raggatt and Mr Moss appeared on behalf of BRM, instructed by Heather Howe of Andrew Storch Solicitors, a 14 year-old boy, 13 at the time of the killing, with a longstanding diagnosis of Asperger’s/Autistic Spectrum Disorder (ASD). An intermediary assisted him throughout the trial and during the giving of evidence.’

Full Story

4 King's Bench Walk, 1st April 2022

Source: www.4kbw.co.uk

Immigration DNA testing: supporting an application with DNA evidence – Family Law

Posted March 22nd, 2022 in citizenship, DNA, evidence, families, immigration, news by tracey

‘Casey Randall, Head of DNA at AlphaBiolabs, explores what family law professionals need to know about DNA testing for immigration purposes, including when a client might wish to submit DNA evidence, and which relationship tests are best for immigration applications.’

Full Story

Family Law, 18th March 2022

Source: www.familylaw.co.uk

Solicitors and expert’s “serious trangressions” see evidence thrown out – Legal Futures

Posted March 8th, 2022 in evidence, expert witnesses, news, noise, nuisance, pollution, solicitors by tracey

‘A High Court master has revoked permission for the claimants in a group action to rely on an expert’s evidence because of “serious transgressions” by him and the group’s solicitors.’

Full Story

Legal Futures, 8th March 2022

Source: www.legalfutures.co.uk

Disclosure of Protected Evidence Denied in Inquest following Shoreham airshow disaster – Inquests and Inquiries Law Blog

Posted March 1st, 2022 in aircraft, coroners, disclosure, evidence, inquests, news by sally

‘In this blog Cressida Mawdesley-Thomas considers the decision of the High Court in HM Senior Coroner for West Sussex v Chief Constable of Sussex Police & Ors [2022] EWHC.’

Full Story

Inquests and Inquiries Law Blog, 24th February 2022

Source: inquestsandinquirieslawblog.com

New English court witness statement rules have positive early effect – OUT-LAW.com

Posted February 8th, 2022 in drafting, evidence, news, practice directions, witnesses by sally

‘Last year, important new rules were introduced governing how witness statements are drafted and used in the Business and Property Courts (BPC) of England and Wales.’

Full Story

OUT-LAW.com, 7th February 2022

Source: www.pinsentmasons.com

Practice Direction 57AC in practice – Local Government Lawyer

Posted January 28th, 2022 in evidence, local government, news, practice directions, witnesses by tracey

‘Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn examine the latest court ruling on PD 57AC.’

Full Story

Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Court backs CPS decision not to charge alleged killer of drowned boy – The Guardian

Posted January 25th, 2022 in children, Crown Prosecution Service, evidence, homicide, news, prosecutions by sally

‘The mother of a 13-year-old boy who drowned in a river in Wales has said her son’s alleged killer has got away “scot free” after the high court dismissed a challenge to a decision by prosecutors not to bring charges over his death.’

Full Story

The Guardian, 24th January 2022

Source: www.theguardian.com

CPS to review guidance on using drill music as evidence – BBC News

Posted January 24th, 2022 in artistic works, criminal justice, Crown Prosecution Service, evidence, gangs, news, race discrimination, violence by tracey

‘The Crown Prosecution Service (CPS) is updating its guidance on the use of drill music as evidence in criminal trials.’

Full Story

BBC News, 22nd January 2022

Source: www.bbc.co.uk

Family Court judge criticises “seriously flawed” investigation into injuries suffered by boy – Local Government Lawyer

Posted January 20th, 2022 in child abuse, children, evidence, local government, news by tracey

‘A county council failed to establish that a child’s injuries were inflicted and the investigation into responsibility for those injuries was “seriously flawed”, a Family Court judge has found.’

Full Story

Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

Speech by Dame Victoria Sharp DBE: The Challenges and Opportunities Created by Digital Evidence in Criminal Cases – Courts and Tribunals Judiciary

Posted January 7th, 2022 in computer programs, criminal justice, criminal procedure, evidence, internet, judges, speeches, telecommunications by tracey

‘Dame Victoria Sharp DBE, the President of the Queen’s Bench Division, has given a speech to the National Criminal Justice Conference.’

Full speech

Courts and tribunals Judiciary, 5th January 2022

Source: www.judiciary.uk

Law Commission to review the trial process for sexual offences – Law Commission

Posted January 4th, 2022 in criminal procedure, evidence, Law Commission, news, rape, sexual offences by tracey

‘The Law Commission has today [17 December 2021] launched a project to review how evidence is used in prosecutions of sexual offences, and to counter misconceptions about sexual harm (“rape myths”).’

Full Story

Law Commission, 17th December 2021

Source: www.lawcom.gov.uk

Court of Appeal decision in Griffiths v TUI UK Ltd [2021] EWCA Civ 1442: judicial evaluation of ‘uncontroverted’ expert evidence – St John’s Chambers

Posted November 2nd, 2021 in burden of proof, cross-examination, evidence, expert witnesses, news by sally

‘Jimmy Barber of our Personal Injury team summarises the Court of Appeal’s decision in the case of Griffiths v TUI UK Ltd [2021] EWCA Civ 1442, which was handed down on 7th October 2021.’

Full Story

St John's Chambers, 18th October 2021

Source: www.stjohnschambers.co.uk

High Court rules out 28 identical divorce petitions – Law & Religion UK

Posted October 14th, 2021 in divorce, drafting, evidence, news by sally

‘On 10 September 2021, Mr Justice Moor handed down the judgment Yorston & Ors, Re (Matrimonial Causes Act 1973: Improper Petitions) [2021] EWFC 80 concerning 28 petitions to the High Court. In each case, the allegations of unreasonable behaviour were absolutely identical.’

Full Story

Law & Religion UK, 13th October 2021

Source: lawandreligionuk.com

Claimant loses in Court of Appeal despite defendant offering no evidence – Law Society’s Gazette

Posted October 8th, 2021 in appeals, compensation, cross-examination, damages, evidence, expert witnesses, holidays, news, personal injuries by tracey

‘The Court of Appeal has found – albeit by a majority verdict – in favour of a defendant who offered no evidence to support their case and did not cross-examine the claimant’s instructed expert. The ruling on uncontroverted evidence in Griffiths v Tui will be a blow for personal injury firms with hundreds of holiday sickness claims waiting on the result.’

Full Story

Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk

More rape trials to allow pre-recorded evidence – Law Society’s Gazette

Posted October 1st, 2021 in criminal justice, cross-examination, evidence, Ministry of Justice, news, pilot schemes, rape, sentencing, sexual offences, trials, victims, video recordings by tracey

‘Victims of alleged sexual violence in London and the north east will be spared live cross-examination from today, as part of a pilot scheme to make trials less traumatic for complainants.’

Full Story

Law Society's Gazette, 30th September 2021

Source: www.lawgazette.co.uk

Barrister waived privilege in document by showing it to opposing counsel – Legal Futures

Posted September 22nd, 2021 in barristers, disclosure, evidence, news, privilege, repossession, witnesses by sally

‘Counsel for a defendant in possession proceedings voluntarily disclosed a draft witness statement to her opposing number and in doing so waived privilege, the High Court has ruled.’

Full Story

Legal Futures, 22nd September 2021

Source: www.legalfutures.co.uk

Perpetuating Myths: The Need for Review in the Right Areas – Carmelite Chambers

Posted August 26th, 2021 in evidence, news, prosecutions, rape, reports by sally

‘Following the release of the Government’s Rape Review, second-six pupil, Anthony James, looks at the Review itself and recent criticisms of the investigation and prosecution of sexual offences.’

Full Story

Carmelite Chambers, 19th August 2021

Source: www.carmelitechambers.co.uk

A closed mind and a failed possession claim – Nearly Legal

Posted August 17th, 2021 in bereavement, evidence, families, housing, landlord & tenant, local government, news, repossession by tracey

‘Tower Hamlets LBC v Ali, County Court at Clerkenwell & Shoreditch. 21 July 2021. Tower Hamlets (“TH”) brought a claim for possession against Mr Ali after his mother, a secure tenant, died. His mother was herself a successor and, accordingly, he was not entitled to succeed under section 87 of the Housing Act 1985. He applied to succeed under TH’s discretionary policy for failed successors which stated that TH would grant a new tenancy to an occupant where they had lived with the tenant for 12 months before the tenant’s death, and they occupied the property as their only or principle home.’

Full Story

Nearly Legal, 16th August 2021

Source: nearlylegal.co.uk

Underwriting on trial – Mills & Reeve

Posted August 3rd, 2021 in causation, disclosure, evidence, inducements, insurance, misrepresentation, news by sally

‘James Thompson and Suzanne El-Safty consider the importance of underwriting evidence for insurers attempting policy avoidance, in the context of Zurich Insurance plc v Niramax Group Ltd [2021] EWCA Civ 590 (“the Niramax case”) and Jones v Zurich Insurance plc [2021] EWHC 1320 (Comm) (“the Jones case”).’

Full Story

Mills & Reeve, 30th July 2021

Source: www.mills-reeve.com

Removal and substitution of Personal Representatives under s 50 Administration of Justice Act 1985 – Radcliffe Chambers

Posted July 28th, 2021 in chambers articles, civil procedure rules, evidence, executors, jurisdiction, news by sally

‘Nathan Wells examines judicial guidance on the appropriate procedure for issuing and hearing claims for the removal/substitution of personal representatives and the preparation of evidence in such claims.’

Full Story

Radcliffe Chambers, 21st July 2021

Source: radcliffechambers.com