Lady Rose, ALBA Annual Lecture – Supreme Court
‘A Numbers Game? Statistics in Public Law Cases’
Supreme Court, 5th July 2021
Source: www.supremecourt.uk
Category: evidence
Rape victims still face police phone trawl, says commissioner – BBC News
‘Proposals for England and Wales mean people who claim to have been raped will still face pressure to hand over their phones to police and prosecutors, says the victims’ commissioner.’
BBC News, 17th July 2021
Source: www.bbc.co.uk
Manchester Arena Inquiry: Ex-GMP officer investigated over evidence By Daniel De Simone – BBC News
‘A former Greater Manchester Police officer is being investigated by a watchdog over his evidence at a public inquiry into the Manchester Arena bomb.’
BBC News, 5th July 2021
Source: www.bbc.co.uk
36 Crime Criminal Updates – The 36 Group
‘We are grateful to the contributors to this Newsletter. Sam Skinner’s case note on the recent decision in R -v- Brecani addresses the consequence of this important shift away from accepting as expert evidence the conclusive decisions made by civil servants within the Home Office on referrals for human trafficking and modern slavery. Kate Kelleher provides a timely reminder that the provisions of the Animal Welfare (Sentencing) Act 2021 is in force from 29th June 2021 and provides a commentary on the most notable recent developments in the prosecutions of animal welfare offences. In April and May Catherine Rose and Tom Parker ran a 2-part webinar session on Open-Source Evidence with contributions from a panel of leading experts from the US and UK. Their article is just a taster of the material covered in greater depth in the sessions. A timely warning to apply the basic critical analysis we use in relation to evidence from many scientific fields to all such evidence before relying on it at face value. Mary Prior Q.C. has provided a comprehensive round up in the Crime Bulletin of all the recent decisions of importance in a broad spectrum of procedural and offence-based areas.’
The 36 Group, 28th June 2021
Source: 36group.co.uk
The role of the surveyor-expert and their evidence in litigation – Falcon Chambers
‘This article considers how the duties imposed on expert witnesses impact upon the functions of expert surveyors giving valuation evidence tendered in Court and in the Upper Tribunal. We will refer to all tribunals as “the Court” by way of shorthand.’
Falcon Chambers, 8th June 2021
Source: www.falcon-chambers.com
TCC debars Defendant during trial from relying on its three technical expert reports following numerous breaches of CPR Part 35 – Henderson Chambers
‘The Claimant made an application on day 7 of a TCC trial to debar the Defendant from relying on any of its three technical expert reports and to debar those experts from giving evidence at the trial.’
Henderson Chambers, 4th June 2021
Source: www.hendersonchambers.co.uk
Malleable memory and the reliability of witness evidence in a digital age – Litigation Futures
‘One of the topics explored by a recent panel of international experts at London International Disputes Week was the malleability (and thus fallibility) of human memory and the resultant impact on reliable witness evidence.’
Litigation Futures, 22nd June 2021
Source: www.litigationfutures.com
Judge throws out expert evidence during trial in excoriating ruling – Litigation Futures
‘The High Court has excluded three expert witness statements during the trial after ruling that their opinions appeared “directly influenced” by the instructing party.’
Litigation Futures, 2nd June 2021
Source: www.litigationfutures.com
Digital forensics experts prone to bias, study shows – The Guardian
‘Devices such as phones, laptops and flash drives are becoming increasingly central to police investigations, but the reliability of digital forensics experts’ evidence has been called into question.’
The Guardian, 31st May 2021
Source: www.theguardian.com
CPS statement on Hillsborough ruling – Crown Prosecution Service
‘The Nightingale Court at The Lowry Theatre, Manchester, has found there is no case for Peter Metcalf, former Chief Superintendent Donald Denton and former Detective Chief Inspector Alan Foster to answer on the charges of perverting the course of justice in relation to their actions following the Hillsborough disaster in 1989.’
Crown Prosecution Service, 26th May 2021
Source: www.cps.gov.uk
Hillsborough: why has the trial collapsed and what happens next? – The Guardian
‘A judge has stopped the trial of two former South Yorkshire police officers and the force’s former solicitor, who had been charged with perverting the course of justice for amending police statements after the 1989 Hillsborough disaster.’
The Guardian, 26th May 2021
Source: www.theguardian.com
The Times, They Are A-Changin’ [Again] – Carmelite Chambers
‘For those practitioners who thought that a positive decision from the Single Competent Authority as to whether a defendant was a victim of trafficking is admissible, having been settled since early 2020 with the Divisional Court decision in DPP v M [2020] EWHC 344 Admin, well…think again.’
Carmelite Chambers, 20th May 2021
Source: www.carmelitechambers.co.uk
Pension sharing orders: Finch v Baker – Family Law
‘The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making “negative contribution” arguments, and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing. Simply arguing that an updated pension report is needed, following an appeal hearing, on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date, is insufficient and misconceived.’
Family Law. 14th May 2021
Source: www.familylaw.co.uk
Rape victims in England and Wales to give video evidence to boost convictions – The Guardian
‘Rape victims in England and Wales will be able to provide their evidence on video prior to a trial to help improve conviction rates, it is understood.’
The Guardian, 17th May 2021
Source: www.theguardian.com
Lies and Lucas in the Family Court – Local Government Lawyer
‘Andrew Bagchi QC and Anna Lavelle examine an important Court of Appeal ruling on fact-finding hearings and Lucas directions, and considerations of children giving oral evidence in family proceedings.’
Local Government Lawyer, 14th May 2021
Source: www.localgovernmentlawyer.co.uk
Alexandra Wilson examines the Court of Appeal ‘Encrochat’ judgment: A, B, D & C v Regina [2021] EWCA Crim 128 – 5SAH
‘The Court of Appeal (“the Court”) were asked to determine whether evidence obtained from the EncroChat application (“the EncroChat material”) can be admitted in evidence in criminal proceedings, or whether it is excluded by the Investigatory Powers Act 2016 (“the 2016 Act”).’
5SAH, 25th March 2021
Source: www.5sah.co.uk
Johnny Depp loses bid to overturn High Court libel ruling that he assaulted Amber Heard – The Independent
‘Johnny Depp has lost a bid to overturn a damning High Court ruling which concluded he assaulted his ex-wife Amber Heard and left her in “fear for her life”.’
The Independent, 25th March 2021
Source: www.independent.co.uk
Shrewsbury 24: how industrial action led to 47-year fight for justice – The Guardian
‘The industrial action that led to the convictions of union activists and a 47-year campaign to clear their names took place as Edward Heath’s Conservative government sought to weaken the economic power of trade unions.’
The Guardian, 23rd March 2021
Source: www.theguardian.com
Shrewsbury 24: court of appeal overturns 1970s picketing convictions – The Guardian
‘Court of appeal judges have overturned the criminal convictions of a group of trade unionists, including the actor Ricky Tomlinson, after a campaign lasting more than four decades.’
The Guardian, 23rd March 2021
Source: www.theguardian.com
Judge allows use of documents shared by mistake – Law Society’s Gazette
‘A High Court judge has granted defendants permission to use documents inadvertently shared by the claimants’ solicitors before trial.’
Law Society's Gazette, 22nd March 2021
Source: www.lawgazette.co.uk
