Analysis: The niqab judgement explained – BBC News

Posted September 17th, 2013 in courts, identification, Islam, news, witnesses, women by sally

“Last week I blogged on a very modern multicultural dilemma at Blackfriars Crown Court – where a judge had to rule on whether a defendant could appear in the dock wearing a niqab, a type of Muslim veil that conceals the whole face, other than the eyes.”

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BBC News, 16th September 2013

Source: www.bbc.co.uk

Court failings scupper 500 cases a week – The Independent

Posted September 5th, 2013 in courts, Crown Prosecution Service, delay, news, reports, victims, witnesses by sally

“More than 500 court cases are being thrown out or delayed each week due to failings by prosecutors or in the court system, it has been claimed.”

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The Independent, 5th September 2013

Source: www.independent.co.uk

IPCC wrong not to investigate us over Stephen Lawrence, say police – The Independent

“A police force that asked for intelligence on witnesses giving evidence to the public inquiry into the murder of Stephen Lawrence has criticised a watchdog for refusing to hold an investigation into the spying row.”

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The Independent, 6th August 2013

Source: www.independent.co.uk

Top judge rejects calls for specialist sex crime courts – Daily Telegraph

Posted August 7th, 2013 in child abuse, courts, cross-examination, judges, news, sexual offences, victims, witnesses by sally

“The most senior judge in England and Wales has rejected calls for specialist courts to deal with child sex abuse cases.”

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Daily Telegraph, 7th August 2013

Source: www.telegraph.co.uk

Child abuse victims to get specialist trial judges – Daily Telegraph

Posted August 7th, 2013 in child abuse, cross-examination, judiciary, news, sexual offences, victims, witnesses by sally

“Child victims of sexual abuse will have their cases tried by a hand picked panel of specialist judges to give them more protection in criminal trials, the Lord Chief Justice is expected to announce.”

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Daily Telegraph, 7th August 2013

Source: www.telegraph.co.uk

Various Claimants v News Group Newspapers Ltd and others – WLR Daily

Posted August 1st, 2013 in disclosure, interception, law reports, media, police, telecommunications, witnesses by sally

Various Claimants v News Group Newspapers Ltd and others [2013] EWHC 2119 (Ch); [2013] WLR (D) 314

“The well established requirement for disclosure under Norwich Pharmacal principles for a party from whom disclosure was sought to be “involved” in or to have “facilitated” wrongdoing was too narrow and the court should ask itself whether the party was a mere witness or whether its engagement with the wrongdoing was sufficient to make it more than a mere witness and susceptible to the court’s jurisdiction to order disclosure.”

WLR Daily, 12th July 2013

Source: www.iclr.co.uk

Singh v Reading Borough Council – WLR Daily

Singh v Reading Borough Council [2013] EWCA Civ 909; [2013] WLR (D) 306

“An employer’s improper activities in gathering evidence for the purpose of defending a claim of discrimination brought by an employee were not covered by judicial proceedings immunity.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Children: Public Law Update (July 2013) – Family Law Week

Posted July 25th, 2013 in adoption, children, costs, expert witnesses, news, proportionality, witnesses by tracey

“John Tughan, barrister of 4 Paper Buildings, examines some important recent judgments of particular interest to public law children lawyers.”

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Family Law Week, 24th July 2013

Source: www.familylawweek.co.uk

No witness immunity for the Forensic Science Service – UK Human Rights Blog

Posted July 16th, 2013 in appeals, deceit, human rights, immunity, negligence, news, witnesses by sally

“There was evidence in this case that employees of the Forensic Science Service had altered the exhibit numbers on the evidence in question, possibly to cover up their mistake.”

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UK Human Rights Blog, 15th July 2013

Source: www.ukhumanrightsblog.com

FGM – Let’s Talk About Vaginas – Criminal Law and Justice Weekly

“Talking about female genital mutilation is the first step to tackling it, writes Felicity Gerry.”

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Criminal Law and Justice Weekly, 11th July 2013

Source: www.criminallawandjustice.co.uk

Norman Bettison referred to IPCC over Stephen Lawrence inquiry – The Guardian

Posted July 4th, 2013 in complaints, inquiries, murder, news, police, racism, witnesses by sally

“The controversy over police dirty tricks directed at Stephen Lawrence’s family’s campaign for justice grew today after Sir Norman Bettison was alleged to have attempted to intervene in the public inquiry into the racist killing.”

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The Guardian, 3rd July 2013

Source: www.guardian.co.uk

Television cameras may be allowed to film in crown courts – The Guardian

Posted July 2nd, 2013 in consent, courts, Crown Court, judiciary, media, news, sentencing, witnesses by sally

“The government is risking a fresh row with the judiciary by raising the prospect that television cameras could be allowed to film within crown courts.”

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The Guardian, 1st July 2013

Source: www.guardian.co.uk

Do I Want Your Opinion: the use of opinion evidence in law witness statements – Zenith Chambers

Posted June 10th, 2013 in admissibility, evidence, news, witnesses by sally

“Gordon Exall discusses the use of opinion evidence in witness statements. Looking, in particular, at two recent decisions which discuss opinion evidence.”

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Zenith Chambers, 6th June 2013

Source: www.zenithchambers.co.uk

In re Joseph Hill & Co, Solicitors – WLR Daily

Posted June 4th, 2013 in appeals, criminal procedure, delay, evidence, law reports, witnesses by sally

In re Joseph Hill & Co, Solicitors [2013] EWCA Crim 775 ; [2013] WLR (D) 210

“There was a statutory obligation on the defence to give notice to the prosecution of the name, address and date of birth of any witness whom the defendant believed was able to give evidence in support of his alibi. If there was a practice of advising that the names and addresses of alibi witnesses should not be disclosed unless and until they had provided signed proofs of evidence, that practice was misguided and wrong.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

‘Court is just as traumatic’: Girl who faced aggressive cross-examination aged nine says she has never recovered – The Independent

Posted May 28th, 2013 in children, cross-examination, news, victims, video recordings, witnesses by sally

“Barristers and campaigners call for pre-recorded court interviews as girl who faced aggressive cross-examination aged nine says she has never recovered from her ordeal.”

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The Independent, 24th May 2013

Source: www.independent.co.uk

In re ITN News and others – WLR Daily

Posted May 23rd, 2013 in appeals, jurisdiction, law reports, media, reporting restrictions, witnesses by sally

In re ITN News and others [2013] EWCA Crim 773; [2013] WLR (D) 187

“The Court of Appeal (Criminal Division) had jurisdiction under section 159 of the Criminal Justice Act 1988 to entertain an appeal against an order under section 46 of the Youth Justice and Criminal Evidence Act 1999 prohibiting the reporting of any matter relating to a witness, even where the court was not otherwise concerned with any proceedings between the defendant at trial and the Crown or any issue arising from it.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

Cricket disciplinary appeal is an Arbitration – Sports Law Bulletin from Blackstone Chambers

Posted May 15th, 2013 in appeals, arbitration, disciplinary procedures, news, sport, witnesses by sally

“The Commercial Court has ruled that Pakistani international bowler, Danish Kaneria’s appeal proceedings against his life time ban for involvement in spot-fixing under the ECB’s Disciplinary Regulations are an “arbitration” for the purposes of the Arbitration Act 1996. The decision is a momentous one for sports’ lawyers and governing bodies, not least in terms of the Court’s supervisory role over sporting bodies’ disciplinary procedures and the ability to rely on a Court to entertain appeals from, and make ancillary orders in support of, those processes.”

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Sports Law Bulletin from Blackstone Chambers, 13th May 2013

Source: www.sportslawbulletin.org

100 witnesses to be called for inquest into death of Jimmy Mubenga, who struggled with guards as he was being deported – The Independent

“Inquiry expected to look at the restraint techniques authorised by G4S as well as the UK Border Agency.”

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The Independent, 14th May 2013

Source: www.independent.co.uk

JD Wetherspoon plc v Harris and others – WLR Daily

Posted May 3rd, 2013 in admissibility, evidence, law reports, summary judgments, witnesses by tracey

JD Wetherspoon plc v Harris and others: [2013] EWHC 1088 (Ch);   [2013] WLR (D)  159

“It was not appropriate to apply for summary judgment after the exchange of witness statements in proceedings alleging fraud and dishonesty where the applications were based on a particular interpretation of facts and on the inferences to be drawn from established facts. Paragraphs in a witness statement containing a recitation of facts based on documents, commentary on those documents, argument, submissions and expressions of opinion, made by a witness who had had no prior involvement with the subject matter of the proceedings were abusive and should be struck out.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

‘I’m sure that’s him’: Considering the Rules of Recognition Evidence – One Inner Temple Lane

Posted April 23rd, 2013 in closed circuit television, evidence, news, witnesses by sally

“Given the prevalence of CCTV cameras, it is perhaps of little surprise that recognition evidence is on the rise. This article will consider the relevant authorities, the ACPO Guidelines and PACE Code D, which together govern this form of evidence. Put simply, recognition evidence is the assertion by a police officer that they know an individual captured by CCTV, or still images, in the commission of an offence. This kind of evidence is potentially very dangerous, and, as such is only right that its use should be rigorously scrutinised and subject to strict regulation. This issue is common to a great many cases, but can be illustrated by the following example.”

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One Inner Temple Lane, 23rd April 2013

Source: www.1itl.com