High Court gives guidance on scope of article 2 inquests – UK Human Rights Blog

Posted June 29th, 2022 in bias, coroners, evidence, human rights, inquests, mental health, news, suicide by sally

‘In R (Gorani) v HM Assistant Coroner for Inner West London [2022] EWHC1593 (QB), a Divisional Court comprising Macur LJ and Garnham J rejected on all grounds a wide-ranging challenge to the conduct of in inquest into a suicide. Of particular interest were the Court’s observations on the effect of a finding that the investigative duty under article 2, ECHR was engaged, and their clarification that a coroner does not need to hear submissions before refusing to make a ‘preventing future deaths’ report. That said, it is a broad and interesting judgment and deserves reading in full by those with an interest in coronial law.’

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UK Human Rights Blog, 28th June 2022

Source: ukhumanrightsblog.com

UK lawyers gather evidence for action against countries over Yazidi genocide – The Guardian

Posted June 21st, 2022 in evidence, genocide, Iraq, news, pro bono work, treaties by sally

‘A group of high-level British lawyers have been working privately on compiling evidence to show that one or more countries failed in their international obligations to prevent genocide against the Yazidis in northern Iraq.’

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The Guardian, 21st June 2022

Source: www.theguardian.com

QC suspended over failure to disclose key evidence to defence – Legal Research

‘A very senior criminal law QC has been suspended for a year over a decision not to disclose surveillance evidence which ultimately led to a conviction being overturned on appeal.’

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Legal Research, 8th June 2022

Source: www.legalfutures.co.uk

Court of Protection judge calls for further evidence in Covid-19 vaccination case – Local Government Lawyer

‘A Court of Protection judge has taken what he called the “rare step” of seeking more evidence before making a ruling over whether a man with severe disabilities should be given the Covid-19 vaccination.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

New English witness evidence rules likely to influence wider best practice – OUT-LAW.com

Posted April 29th, 2022 in courts, evidence, news, practice directions, witnesses by sally

‘Businesses involved in disputes before a wide range of courts and tribunals should expect their factual witness evidence to be closely scrutinised and should be aware of best practice principles recently set out by one of the main branches of the English courts.’

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OUT-LAW.com, 28th April 2022

Source: www.pinsentmasons.com

Testamentary Capacity: Hughes v Pritchard in the Court of Appeal – St John’s Buildings

Posted April 8th, 2022 in appeals, chambers articles, evidence, expert witnesses, families, news, probate, wills by sally

‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’

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St John's Buildings, 4th April 2022

Source: stjohnsbuildings.com

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

‘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.’

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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 sally

‘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.’

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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 sally

‘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.’

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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.’

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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.’

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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 sally

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

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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.’

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The Guardian, 24th January 2022

Source: www.theguardian.com

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

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

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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 sally

‘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.’

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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

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

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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 sally

‘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”).’

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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.’

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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.’

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Law & Religion UK, 13th October 2021

Source: lawandreligionuk.com

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

‘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.’

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Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk