‘The High Court has rejected an application by a claimant to accept a lapsed part 36 offer after seeing the way the trial of their case had begun, with the defendant now keen to “take its chances” on the outcome.’
Litigation Futures, 12th July 2017
Source: www.litigationfutures.com
‘A contractual dispute between an oil trader and a biofuels manufacturer has shown the “possibilities for swift and litigation” under the High Court’s shorter trials scheme (STS), according to the barrister acting for the defendant.’
Litigation Futures, 11th July 2017
Source: www.litigationfutures.com
‘The David Hare screenplay for the recent film Denial contains the following advice to the client: ‘stay seated, button your lip, and win.’ This article seeks to plot a path for advocates to winning in large scale discrimination claims in the employment tribunal, based on the writer’s long experience of the ET and, more recently, briefs to act for the respondents in two high stakes cases, AB -v- A Chief Constable[i] and Aubrey -v- The Chief Constable of Northumbria Police[ii]. The suggested lessons apply to all types of large-scale claim in the ET.’
UK Police Law Blog, 27th June 2017
Source: ukpolicelawblog.com
‘A defendant’s bid to transfer a case from the Intellectual Property Enterprise Court (IPEC) to the High Court has been dismissed because of the costs risk the SME claimant would then face.’
Litigation Futures, 28th June 2017
Source: www.litigationfutures.com
‘The David Hare screenplay for the recent film Denial contains the following advice to the client: “stay seated, button your lip, and win.” This article seeks to plot a path for advocates to winning in large scale discrimination claims in the employment tribunal, based on the writer’s long experience of the ET and, more recently, briefs to act for the respondents in two high stakes cases, AB -v- A Chief Constable[i] and Aubrey -v- The Chief Constable of Northumbria Police[ii]. The suggested lessons apply to all types of large-scale claim in the ET.’
UK Police Law Blog, 27th June 2017
Source: ukpolicelawblog.com
‘Former entertainer Rolf Harris has been cleared of four sex assault charges after a jury could not reach verdicts.’
BBC News, 30th May 2017
Source: www.bbc.co.uk
‘It is a pleasure to have been asked to give this year’s Blackstone lecture. Lord Devlin at the outset of his Hamlyn Lectures in 1956 observed: that trial by jury was a subject on which it was not possible to ‘say anything very novel or very profound’. If not a subject suitable for original comment, why did I choose it?’
Courts and Tribunals Judiciary, 22nd May 2017
Source: www.judiciary.gov.uk
‘How should a judge direct a jury where an expert witness has given their opinion on the “ultimate issue” to be decided in the case? The answer, the Court of Appeal has confirmed, is: carefully. In R v Sellu [2016] EWCA Crim 1716, the Court of Appeal overturned the conviction of the Appellant, a consultant surgeon, for gross negligence manslaughter on the grounds that the trial judge had failed to adequately direct the jury as to the meaning of gross negligence, in circumstances where expert witnesses had expressly given their view as to whether the conduct of the Appellant amounted to the same.’
Full story (PDF)
Henderson Chambers, 19th April 2017
Source: www.hendersonchambers.co.uk
‘The High Court has rejected a mining company’s claim for litigation privilege in a test case which for the first time involves potential criminal, rather than civil, litigation.’
Litigation Futures, 10th May 2017
Source: www.litigationfutures.com
‘Ten years ago the News of the World’s royal editor, Clive Goodman, and the private investigator Glenn Mulcaire were jailed for intercepting the voicemails of aides to Prince William and Prince Harry. Andy Coulson resigned from his position as editor of the tabloid shortly afterwards, and an internal investigation concluded phone hacking had been the work of one “rogue reporter”.’
The Guardian, 1st May 2017
Source: www.guardian.co.uk
‘The recent decision in Denso Manufacturing UK Ltd v Great Lakes Reinsurance (UK) plc [2017] EWHC 391 (Comm) highlights the fact that defendants should not be confident that, if a claim fails, the unsuccessful claimants’ ATE policies will pay out’
Full story (PDF)
Radcliffe Chambers, 3rd April 2017
Source: www.radcliffechambers.com
‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’
Hardwicke Chambers, 27th March 2017
Source: www.hardwicke.co.uk
‘New measures to spare alleged rape victims from facing live cross-examination in court will be rolled out as part of changes being made by the justice secretary.’
The Guardian, 19th March 2017
Source: www.guardian.co.uk
‘New offence of sexual communication with a child will be introduced, and measures to support victims of sex crimes accelerated.’
Ministry of Justice, 19th March 2017
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Mark Roscoe, barrister of The 36 Group, outlines the provisions which the Government proposes to insert into section 31 of the Matrimonial and Family Proceedings Act 1984.’
Family Law Week, 7th March 2017
Source: www.familylawweek.co.uk
‘On 3rd February 2017 the Civil Procedure (Amendment) Rules 2017 were made. The majority of these rules will come into force on 6th April 2017.’
Zenith PI, 28th February 2017
Source: www.zenithpi.wordpress.com
‘A judge used a rare legal power to dismiss a jury and take the case on himself after jurors said they were offered bribes outside the courtroom.’
Daily Telegraph, 22nd February 2017
Source: www.telegraph.co.uk
‘Domestic violence victims will no longer face the threat of being interrogated by their former partners in court under proposed legislation.’
The Guardian, 12th February 2017
Source: www.guardian.co.uk
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