Non-accidental Injury and Re-balancing the Burden of Proof – Family Law Week

Posted December 1st, 2014 in burden of proof, care orders, child abuse, child neglect, news, personal injuries by tracey

‘Dr John Fox, barrister of Lamb Building, reviews some recent cases which may suggest a re-consideration of the burden of proof in cases of alleged non-accidental injury.’

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Family Law Week, 27th November 2014

Source: www.familylawweek.co.uk

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Birmingham ‘exploitation’ order: Two more men banned – BBC News

Posted November 21st, 2014 in burden of proof, child abuse, injunctions, local government, news, sexual grooming by tracey

‘Two more men have been banned from contact with young girls in an “innovative” High Court case to prevent child sexual exploitation.’

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BBC News, 20th November 2014

Source: www.bbc.co.uk

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Interflora Inc and another v Marks and Spencer plc (No 5) – WLR Daily

Posted November 11th, 2014 in advertising, appeals, burden of proof, internet, law reports, trade marks by tracey

Interflora Inc and another v Marks and Spencer plc (No 5): [2014] EWCA Civ 1403; [2014] WLR (D) 473

‘On a claim for infringement of a trade mark under article 5(1)(a) of Council Directive 89/104/EEC through keyword advertising the onus of proof lay on the trade mark proprietor to establish that the advertisement complained of did not enable normally informed and reasonably attentive Internet users, or enabled them only with difficulty, to ascertain whether the goods or services referred to by the advertisement originated from the trade mark proprietor or an undertaking economically connected to it or, on the contrary, originated from a third party.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

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No loss of confidence – establishing causation in confidential information claims – RPC Privacy Law

‘This case is an interesting example of a claim for breach of confidence (both in contract and in equity) where, although liability was established, only nominal damages (£1) were awarded to the Claimant.’

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RPC Privacy Law, 7th October 2014

Source: www.rpc.co.uk

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The different burdens of proof in “highway tripping” and “shop slipping” cases – Zenith PI Blog

Posted September 9th, 2014 in accidents, burden of proof, news, personal injuries by sally

‘There is an important difference in the burden of proof between tripping accidents on highway and slipping accidents in shops.’

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Zenith PI Blog,

Source: www.zenithpi.wordpress.com

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Proving and Disproving Discrimination – Cloisters

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
How judges apply the burden of proof s136(2)(3) EA 2010.
What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC.
What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

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Cloisters, 29th August 2014

Source: www.cloisters.com

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Ballinger and another v Mercer Ltd and another – WLR Daily

Ballinger and another v Mercer Ltd and another; [2014] EWCA Civ 996; [2014] WLR (D) 335

‘Where a claimant applied to introduce a new claim by amendment under CPR r 17.4, and the defendant could show a prima facie defence of limitation, the burden was on the claimant to show that the defence was not reasonably arguable. Amendments seeking to add or substitute a new cause of action would only be permitted if they arose out of the same or substantially the same facts as were already in issue on the existing claims.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted January 31st, 2014 in asylum, burden of proof, law reports, refugees, Scotland, treaties, United Nations by sally

IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2014] UKSC 6; [2014] WLR (D) 36

‘National decision-makers had an independent and autonomous responsibility under the Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) to determine the applications of those who had applied for asylum. An earlier decision of the United Nations High Commissioner for Refugees (“UNHCR”) to grant refugee status was not binding on the national decision-maker, nor did it create any presumption or shift the burden of proof.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

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Proving and disproving discrimination – Cloisters

Posted January 29th, 2014 in burden of proof, employment, equality, harassment, news by sally

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:

a. How judges apply the burden of proof s136(2)(3) EA 2010
b. What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC
c. What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

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Cloisters, 14th January 2014

Source: www.cloisters.com

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Litigation privilege did not apply to correspondence before litigation was “reasonably anticipated”, judge says – OUT-LAW.com

Posted January 24th, 2014 in burden of proof, financial advice, news, privilege by sally

‘A brewing company was unable to prevent correspondence between itself and its bank and accountants from being disclosed during a dispute connected with the sale of its eastern European business, a High Court judge has ruled.

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OUT-LAW.com, 23rd January 2014

Source: www.out-law.com

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Lord Rennard cleared of sexually harassing Liberal Democrat women and says he wants his job back – Daily Telegraph

Posted January 16th, 2014 in burden of proof, harassment, news, political parties, professional conduct, women by tracey

‘Lord Rennard has been cleared of sexually harassing Liberal Democrat party workers despite an independent review finding “broadly credible” evidence he “violated” the personal space of women.’

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Daily Telegraph, 15th Janaury 2014

Source: www.telegraph.co.uk

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Bias has ‘significant’ effect on verdicts, jury research says – Law Society’s Gazette

Posted January 10th, 2014 in bias, burden of proof, juries, news, verdicts by tracey

‘Jurors should be tested before trials to reduce the effect of prejudices on their understanding of the burden of proof, according to the authors of a study suggesting bias has a “significant” impact on verdicts.’

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Law Society’s Gazette, 10th January 2014

Source: www.lawgazette.co.uk

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Criminal compensation reforms would shift burden of proof on to victims – The Guardian

“Victims of miscarriages of justice will have to prove their innocence in future or endure damaged reputations, human rights groups and Labour’s parliamentary frontbench are warning.”

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The Guardian, 14th October 2013

Source: www.guardian.co.uk

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Serious Organised Crime Agency v Azam – WLR Daily

Serious Organised Crime Agency v Azam [2013] EWCA Civ 970; [2013] WLR (D) 327

“Where a person who was the subject of a property freezing order made under Part 5 of the Proceeds of Crime Act 2002 applied for the order to be varied so as to permit him to apply some of his assets which were the subject of the order in paying for his legal expenses, he was under no specific burden of proof requiring him to prove that there were no other available assets which could be used for the relevant purpose, such that if he did not discharge the burden his application must fail.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

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Water, water everywhere… – NearlyLegal

“There are those who say that service charges are a dry subject. To them I say, welcome to Wallace-Jarvis v (1) Optima (Cambridge) Ltd (2) Khazai [2013] UKUT 328 (LC).”

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NearlyLegal, 29th July 2013

Source: www.nearlylegal.co.uk

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R v Brown (Appellant) (Northern Ireland) – Supreme Court

R v Brown (Appellant) (Northern Ireland) [2013] UKSC 43 | UKSC 2011/0233 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt

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Suspected Jamaican rapist banned from UK for a decade as police employ new tactic – The Independent

Posted June 10th, 2013 in burden of proof, deportation, immigration, London, news, police, sexual offences by sally

“A suspected Jamaican sex-offender charged five times but never convicted for allegedly raping vulnerable women has been banned from Britain for a decade in a controversial new police tactic to target foreign criminals.”

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The Independent, 7th June 2013

Source: www.independent.co.uk

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Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminǎrii – WLR Daily

Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminǎrii (Case C-81/12); [2013] WLR (D) 153

“Homophobic statements made by a person perceived as playing a leading role in a football club but who did not have legal capacity to bind it in recruitment matters were capable of constituting ‘facts from which it may be presumed that there has been … discrimination’ pursuant to articles 2(2) and 10(1) of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (OJ 2000 L303, p16).”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

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Has The Golden Thread Finally Been Snapped? – Zenith Chambers

“‘Throughout the web of the English Criminal Law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner’s guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception

No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.’

Per Viscount Sankey in Woolmington v DPP [1935] AC 462 – emphasis added.

There cannot be an English lawyer who is unaware of this paragraph in Viscount Sankey’s judgment in Woolmington. Many non-lawyers who have chanced to read the Rumpole stories will also be as aware of, if not as attached to, it.”

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Zenith Chambers, 19th March 2013

Source: www.zenithchambers.co.uk

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Silence is not necessarily golden: the consequences of failing to adduce evidence in rebuttal in civil trials – Zenith Chambers

Posted March 6th, 2013 in burden of proof, evidence, news, witnesses by sally

“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.”

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Zenith Chambers, 12th February 2013

Source: www.zenithchambers.co.uk

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