Procedure – 39 Essex Chambers

Posted April 29th, 2015 in anonymity, costs, damages, dismissal, legislation, media, news, personal injuries by sally

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

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Cheating Premier League footballer at centre of one-night stand blackmail plot should be named, says judge – Daily Telegraph

Posted March 26th, 2015 in anonymity, appeals, blackmail, costs, injunctions, news by sally

‘Justice Warby rules an anonymity order protecting a wealthy well-known defender who had a one-night stand despite having a long term partner and child should be lifted.’

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Daily Telegraph, 25th March 2015

Source: www.telegraph.co.uk

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Why do MPs keep suggesting anonymity for rape suspects? – The Independent

Posted March 24th, 2015 in anonymity, news, parliament, rape, select committees, sexual offences by sally

‘Should rape suspects have the right to anonymity, like their accusers? It’s a debate that keeps coming back, because MPs keep resurrecting it. Today it’s the Home Affairs Select Committee, which recommends anonymity for those suspected of a sex offence, unless and until they’re charged.’

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The Independent, 20th March 2015

Source: www.independent.co.uk

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Transparency in the Court of Protection: press should be allowed names – UK Human Rights Blog

‘A healthcare NHS Trust v P & Q [2015] EWCOP (13 March 2015). The Court of Protection has clarified the position on revealing the identity of an incapacitated adult where reporting restrictions apply.’

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UK Human Rights Blog, 19th March 2015

Source: www.ukhumanrightsblog.com

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Sex crime suspects deserve anonymity, MPs say – BBC News

Posted March 20th, 2015 in anonymity, bail, news, rape by tracey

‘There should be a statutory ban on the identification of people who are arrested for sexual offences in England and Wales, a committee of MPs has said.’

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BBC news, 20th March 2015

Source: www.bbc.co.uk

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What should we do with violent children? One secure home may have the answer – The Guardian

‘The young people locked up in Clayfields House have been convicted of serious crimes, from assault to murder. Under close supervision, many have turned their lives around – but now this unusual prison may be under threat.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

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Radical overhaul of anonymity in approval hearings – Cloisters

Posted March 17th, 2015 in anonymity, media, news, personal injuries, private hearings by sally

‘The Court of Appeal have just handed down judgment in the key case of JXMX v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96. This fundamentally changes the approach to anonymity in approval hearings.’

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Cloisters, 18th February 2015

Source: www.cloisters.com

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JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) – WLR Daily

JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) [2015] EWCA Civ 96 ; [2015] WLR (D) 77

‘The Court of Appeal issued guidelines as to the principles which should apply, on an application for approval of a compromise of a claim of damages for personal injury brought by a child, where the court in the exercise of its power was deciding whether as a matter of necessity to withhold from the public the names of the parties to the litigation.

WLR Daily, 17th February 2015

Source: www.iclr.co.uk

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CA supports anonymity orders in personal injury approval hearings – UK Human Rights Blog

‘For some years there has been debate between the judges about whether anonymity orders should be made when very seriously injured people’s claims are settled and the court is asked to approve the settlement. This welcome decision of the Court of Appeal means that anonymity orders will normally be made in cases involving protected parties.’

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UK Human Rights Blog, 19th February 2015

Source: www.ukhumanrightsblog.com

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Anonymity breakthrough in personal injury claims – Law Society’s Gazette

Posted February 18th, 2015 in anonymity, children, negligence, news, personal injuries by sally

‘Children and protected parties in medical negligence and personal injury cases should not be publicly named unless anonymity is either unnecessary or inappropriate, the Court of Appeal ruled today.’

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Law Society’s Gazette, 17th February 2015

Source: www.lawgazette.co.uk

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Judge left anonymous in family court case is named – Daily Telegraph

Posted January 13th, 2015 in anonymity, family courts, judges, news by sally

‘Judicial Office names judge in Reading case as Eleanor Owens after identities of everyone involved kept secret in highly-unusual move.’

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Daily Telegraph, 12th January 2015

Source: www.telegraph.co.uk

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Ched Evans: the legal issues – Halsbury’s Law Exchange

‘The “innocent man wrongly imprisoned who fights a valiant struggle to secure his freedom” is a long used trope in our culture. The hero is normally a sympathetic figure, heroically taking on the establishment.’

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Halsbury’s Law Exchange, 7th January 2015

Source: www.halsburyslawexchange.co.uk

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Unwanted anonymity and gagging orders – Free Movement

Posted December 17th, 2014 in anonymity, asylum, children, immigration, news, privacy, tribunals by sally

‘I’ve now come across two cases in which judges of the First-tier Tribunal Immigration and Asylum Chamber have imposed unwanted anonymity orders on parties without any application or notice. One case is reported here and the other can’t be reported because of, well, the anonymity order. In both cases there was media interest beforehand and the orders acts as a gagging orders, preventing the parties from discussing their case with the media, even though the cases and the identities of the appellants had already been reported. In one of the cases the appellant had a child and that provided the reason or pretext for imposing anonymity. In the other unreported case children are named in the determination but are entirely tangental to the case and could easily have not been named.’

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Free Movement, 17th December 2014

Source: www.freemovement.org.uk

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Jordan Begley death: Media can name Taser officers after 2 February – BBC News

Posted December 16th, 2014 in anonymity, appeals, firearms, inquests, news, police by tracey

‘Five police officers who wanted anonymity at an inquest into a man shot with a Taser will be named unless they win an appeal, a coroner has ruled.’

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BBC News, 15th December 2014

Source: www.bbc.co.uk

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Birmingham men banned from approaching girls are named – Daily Telegraph

Posted November 20th, 2014 in anonymity, children, injunctions, news, sexual grooming by tracey

‘A High Court judge has ruled that three men who are legally banned from approaching young girls following the alleged sexual exploitation of a child can be named following criticism that anonymity orders could harm the justice process.’

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Daily Telegraph, 19th November 2014

Source: www.telegraph.co.uk

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Lawyer for Ann Maguire’s killer says rules on anonymity must be overhauled – The Guardian

Posted November 10th, 2014 in anonymity, murder, news, reporting restrictions, young offenders by sally

‘The law must be changed to ensure that the identities of juvenile killers and their families remain secret, says the barrister who defended the schoolboy murderer of teacher Ann Maguire.’

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The Guardian, 8th November 2014

Source: www.guardian.co.uk

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Ann Maguire murder: Judge defends naming Will Cornick – BBC News

Posted November 7th, 2014 in anonymity, murder, news, public interest, reporting restrictions, young offenders by tracey

‘The judge who sentenced the teenage killer of teacher Ann Maguire has defended his decision to identify him.’

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BBC News, 6th November 2014

Source: www.bbc.co.uk

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VB (Appellant) v Westminster Magistrates’ Court (Respondent); EN (Appellant) v Westminster Magistrates’ Court (Respondent); CM (Appellant) v Westminster Magistrates’ Court (Respondent); CU (Appellant) v Westminster Magistrates’ Court (Respondent) – Supreme Court

VB (Appellant) v Westminster Magistrates’ Court (Respondent); EN (Appellant) v Westminster Magistrates’ Court (Respondent); CM (Appellant) v Westminster Magistrates’ Court (Respondent); CU (Appellant) v Westminster Magistrates’ Court (Respondent) [2014] UKSC 59 (YouTube)

Supreme Court, 5th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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Passport confiscation plan to stop ‘FGM’ – Daily Telegraph

Posted October 21st, 2014 in anonymity, bills, female genital mutilation, news, passports by sally

‘Government sets out new measures to combat female genital mutilation, including confiscating travel documents of girls who may be at risk.’

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Daily Telegraph, 20th October 2014

Source: www.telegraph.co.uk

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High Court to rule whether boy, 1, should be allowed to die – Daily Telegraph

Posted September 30th, 2014 in anonymity, children, health, human rights, news by tracey

‘A High Court judge is considering whether a critically ill one-year-old boy should be taken off life-support after his father told her that no-one had the right to “take away the privilege of life from him”. ‘

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Daily Telegraph, 29th September 2014

Source: www.telegraph.co.uk

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