‘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
‘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 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
‘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
‘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
‘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
‘The High Court has granted permission to defendants to use the contents of four otherwise privileged witness statements which were disclosed by the claimants’ solicitors by mistake.’
Litigation Futures, 22nd March 2021
Source: www.litigationfutures.com
‘A Family Court judge has refused applications to dismiss care proceedings at a half-way stage made by a number of people accused of sexual offences against children.’
Local Government Lawyer, 12th March 2021
Source: www.localgovernmentlawyer.co.uk
‘From 6 April 2021, a new regime for witness statements in the Business and Property Courts will come into force. Practice Direction 57AC will introduce significantly tighter requirements that will apply to all trial witness statements signed on or after 6 April 2021, including those in claims that have already been issued.’
3 Hare Court, February 2021
‘The trial of a former Labour peer accused of sexually abusing younger children has collapsed due a “disgraceful” late disclosure of evidence by the prosecution, a judge has said.’
The Guardian, 9th March 2021
Source: www.theguardian.com
‘The new Practice Direction 57AC (Witness evidence at trial) is set to significantly alter the approach taken to witness statements in the Business and Property Courts (B&PCs) by introducing new rules to deal with “the phenomenon over-long, over-lawyered trial witness statements” (paragraph 10 of the Factual Witness Evidence in Trials before the Business & Property Courts: Implementation Report of the Witness Evidence Working Group (31 July 2020) (Implementation Report). It will apply in the B&PCs to witness statements signed on or after 6 April 2021 in both new and existing proceedings (paragraph 1.1, PD 57AC. Note that certain types of proceedings are excluded unless the court directs otherwise: see paragraph 1.3).’
Hardwicke Chambers, 4th March 2021
Source: hardwicke.co.uk
‘Up to 10,000 vulnerable victims facing long delays for trials should be allowed to give evidence by video in an attempt to stop them falling out of the system, according to the victims’ commissioner for England and Wales.’
The Guardian, 5th March 2021
Source: www.theguardian.com
‘Sophie Basma (“Sophie”) is 10. She suffers from Type 3 Spinal Muscular Atrophy (“SMA”). SMA is a rare, genetic, neuromuscular disease which progressively leads to sufferers being unable to walk or sit unaided with devastating consequences on their quality of life. Sophie can no longer walk. There is medication for SMA sufferers which would have had the potential of helping Sophie regain her ability to work. But the NHS Trust had concluded that Sophie did not meet the eligibility criteria for this new medication, “Nusinersen”.’
UK Human Rights Blog, 4th March 2021
Source: ukhumanrightsblog.com
‘The police watchdog investigating the arrest of a man who died suddenly after being released from custody, have indicated he could have suffered injuries during a large disturbance at his home the night before his death.’
The Guardian, 2nd March 2021
Source: www.theguardian.com
‘In the clinical negligence case of Aileen Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts dismissed the claim but declined to find the Claimant fundamentally dishonest. It is a reminder that significant unreliability does not necessarily equate to dishonesty, particularly where there is a complex psychological component.’
Parklane Plowden Chambers, 23rd February 2021
Source: www.parklaneplowden.co.uk
‘The conjoined appeals in R v Byrne and ors. [2021] EWCA Crim 107 related to the safety of convictions arising from separate trials in which the Crown had instructed the same expert, Andrew Ager. Although the convictions were found to be safe, both Ager himself and the prosecution came in for stark criticism, particularly in light of previous high-profile failings in this area in R v Pabon [2018] EWCA Crim 420. The case provides the clearest reminder to all parties in criminal proceedings to ensure compliance with the requirements relating to expert evidence.’
6KBW College Hill, 17th February 2021
Source: blog.6kbw.com
‘Alexandra Wilson provides an update on the latest Encrochat position following the judgment in A, B, D & C v Regina [2021] EWCA Crim 128.’
5SAH, 18th February 2021
Source: www.5sah.co.uk
‘A High Court has described the double deletion by a witness for the claimant of crucial emails on the eve of the trial of a film financing dispute as a “very serious misdeed”.’
Litigation Futures, 23rfd February 2021
Source: www.litigationfutures.com
‘The death of an MI6 agent whose naked body was found inside a locked holdall at his London flat is to be reviewed. Metropolitan Police investigators said new information about Gareth Williams, who died in 2010, had come to light.’
BBC News, 22nd February 2021
Source: www.bbc.co.uk
‘The Civil Procedure Rule Committee has approved new Practice Direction PD57AC which seeks to promote and enforce best practice on the preparation of witness statements.’
Courts and Tribunals Judiciary, 18th February 2021
Source: www.judiciary.gov.uk
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