“Frances Andrade’s experience in the witness box left her feeling violated. Within days she had killed herself. Is it time we changed the way we prosecute sexual assault?”
The Guardian, 13th April 2013
Source: www.guardian.co.uk
“The Bar Council, which represents barristers in England and Wales, has today published a discussion document on ‘Reforming civil litigation’, which reflects the recommendations of a Working Group including the chairs of the Chancery Bar Association, Commercial Bar Association and the Technology and Construction Bar Association.”
The Bar Council, 25th March 2013
Source: www.barcouncil.org.uk
“The involvement of solicitors and barristers in crafting witness statements in big-ticket litigation has neutered the current regime and it should be replaced by a system of witness summaries and live evidence-in-chief, a Bar Council working party has recommended.”
Litigation Futures, 26th March 2013
Source: www.litigationfutures.co.uk
“Helen Reece argues lack of independent witnesses is main cause of conviction rate which is similar to that of other crimes.”
The Guardian, 25th March 2013
Source: www.guardian.co.uk
Half a Century of Change: The Evidence of Child Victims (PDF)
Speech by The Right Honourable the Lord Judge, Lord Chief Justice of England and Wales
Toulmin Lecture in Law and Psychiatry, 20th March 2013
Source: www.judiciary.gov.uk
“Research should be carried out into the long-term affects on those who give evidence about sexual abuse when they are a child, the lord chief justice, Lord Judge, has urged.”
The Guardian, 20th March 2013
Source: www.guardian.co.uk
Taylor (Bonnett) v The Queen: [2013] UKPC 8; [2013] WLR (D) 104
“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
“The requirement to inform the Crown Court immediately of a prosecutor’s intention to appeal against a preliminary ruling arose when the ruling was formally given and not on earlier communication by e-mail of the conclusion which the trial judge had reached.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
“One of Britain’s most senior police officers has accused defence lawyers of ‘exploiting’ the weakness of sex abuse victims making prosecutors reluctant to bring cases to court.”
The Independent, 12th March 2013
Source: www.independent.co.uk
“In his monthly column, James Bickford Smith considers two judgments that illustrate the hazards of the commoditised litigation that will be transformed, for better or worse, by the Jackson reforms.”
Full story (PDF)
Littleton Chambers, 6th March 2013
Source: www.littletonchambers.com
“Gordon Exall considers the practical issues that arise from the principle that a court can draw adverse inferences from a party’s failure to adduce evidence on an issue.”
Full story (PDF)
Zenith Chambers, 12th February 2013
Source: www.zenithchambers.co.uk
Regina v Dizaei [2013] EWCA Crim 88; [2013] WLR (D) 64
“When a court was assessing the probative value of the evidence of bad character of a witness in criminal proceedings, in accordance with the provisions of section 100 of the Criminal Justice Act 2003, among the factors relevant to the admissibility judgment, the court should consider whether the admission of such evidence might make it difficult for the jury to understand the remainder of the evidence, and whether its understanding of the case as a whole might be diminished. If the conclusion was that the evidence was not of substantial probative value in establishing propensity or lack of creditworthiness of the witness, or that the evidence was not of substantial importance in the context of the case as a whole, or both, the preconditions to admissibility would not established.”
WLR Daily, 14th February 2013
Source: www.iclr.co.uk
“The recent suicide of Frances Andrade has sparked debate once again on the treatment of victims by the court system. Mrs Andrade had, days earlier, testified at the trial of her former music teacher, accused of rape and sexual abuse of her over a period of years during her teens. She took her own life whilst the trial was still continuing, but this information was subject to a reporting injunction until the trial had concluded.”
Halsbury’s Law Exchange, 20th February 2013
Source: www.halsburyslawexchange.co.uk
“The Bar Council, which represents barristers in England and Wales, has responded to calls in the House of Commons this afternoon, from the Home Secretary, the Rt. Hon. Theresa May MP, to look carefully at any lessons which can be learned from the Brewer case. ”
Bar Council, 11th February 2013
Source: www.barcouncil.org.uk
“The conviction of Robert and Lee Firkins for one of Cornwall’s most notorious
murders has been cast into doubt, the BBC has learned.”
BBC News, 5th February 2013
Source: www.bbc.co.uk
“A man has been convicted of supplying a gun to Mark Duggan, whose shooting by police triggered the 2011 riots across England.”
The Guardian, 31st January 2013
Source: www.guardian.co.uk
“Two types of readers may be interested in this case; the first, who are interested in the age-old judging problem of whom to believe when faced with a conflict of evidence, and the second (and I don’t want to do any gender-stereotyping) those who are fascinated in whether a replica Porsche 917 (think Steve McQueen in Le Mans) over-revved and blew because (a) it had a gearbox fault or (b) the Defendant driver missed a gear.”
UK Human Rights Blog, 23rd January 2013
Source: www.ukhumanrightsblog.com
“Much has been written about this subject but for the uninitiated this taking of oral evidence (usually from experts) ‘hot tub’ style, means having expert witnesses being questioned and cross-examined together – firstly by the judge or arbitrators and then by the parties’ representatives themselves – and indeed even by each other! Known in polite circles as concurrent evidence, hot tubbing can be used to great effect in construction related disputes, such as those involving design and build issues, measurement disputes, delays, and financial loss.”
Hardwicke Chambers, 7th January 2013
Source: www.hardwicke.co.uk
“The judge leading a review of an inquiry into sexual abuse at care homes in north Wales has appealed for witnesses to come forward.”
BBC News, 8th January 2012
Source: www.bbc.co.uk
“Communities across the country will be benefitting from swift and effective justice as thousands more court appearances will take place via video-link technology, Justice and Policing Minister Damian Green said today [3 January].”
Ministry of Justice, 3rd January 2013
Source: www.justice.gov.uk
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