QOCS: The Strike Out and Fundamental Dishonesty Exceptions in Action – Hardwicke Chambers

Posted August 25th, 2016 in civil procedure rules, costs, evidence, interpreters, news, striking out by sally

‘There are still relatively few findings of fundamental dishonesty being made by Courts. Despite the fact that this is obviously an important exception to the QOCS regime, the fundamental dishonesty threshold is proving a difficult hurdle for Defendants to meet. This article explores a recent finding of fundamental dishonesty and the lessons that can be learned by Claimants and Defendants in such cases.’

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Hardwicke Chamebrs, 17th August 2016

Source: www.hardwicke.co.uk

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Nigel Wilkinson jailed: Photographer who drugged and raped two men receives 11 year sentence – The Independent

Posted August 15th, 2016 in DNA, drug offences, evidence, guilty pleas, news, rape, sentencing, sexual offences, victims by sally

‘Nigel Wilkinson, the photographer who drugged and raped two men at his Bristol home, has been jailed for 11 and a half years.’

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The Independent, 12th August 2016

Source: www.independent.co.uk

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Peter Sutcliffe could be tried for attacks on up to 13 other victims – Daily Telegraph

‘Yorkshire Ripper Peter Sutcliffe could face a new trial for a series of previously unsolved attacks on women.’
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Daily Telegraph, 14th August 2016

Source: www.telegraph.co.uk

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Police to hire law firms to tackle cyber criminals in radical pilot project – The Guardian

‘Private law firms will be hired by police to pursue criminal suspects for profit, under a radical new scheme to target cyber criminals and fraudsters.’

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The Guardian, 14th August 2016

Source: www.guardian.co.uk

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Abuse Of Process In Historical Cases: A Thing Of The Past? – Crimeline

Posted August 4th, 2016 in abuse of process, disclosure, evidence, news, reports by Mark L

‘In May this year the Public Accounts Committee published a report titled the ‘Efficiency in the Criminal Justice System.’ The conclusions are unsurprising for those with any experience of the system; it is at breaking point. In the current climate it seems the courts will do everything in their power to ensure cases proceed often in spite of significant delay. Due to their nature, historical cases can often be besieged with disclosure problems, and while delay can be due to legitimate and understandable reasons it is also true that historical cases can face unjustifiably delay. The question which must be asked is, when a case suffers from both delay and disclosure issues can a defendant have a fair trial at all?.’

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Crimeline, 3rd August 2016

Source: www.crimeline.info

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Slow-motion replays can distort criminal responsibility – BBC News

Posted August 3rd, 2016 in criminal responsibility, evidence, news, video recordings by tracey

‘Slow-motion video replays of crimes shown in courtrooms may be distorting the outcomes of trials, according to a US study.’

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BBC News, 2nd August 2016

Source: www.bbc.co.uk

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‘Black box’ recorder used in liability trial defence – Law Society’s Gazette

Posted August 1st, 2016 in evidence, insurance, news, witnesses by Mark L

‘A telematics-based motor insurer has claimed a first after data from a “black box” recorder was successfully used in a defence at a collision liability trial.’

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Law Society’s Gazette, 1st August 2016

Source: www.lawgazette.co.uk

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Seen and heard? Children as witnesses in family proceedings – Family Law Week

‘Damian Stuart, Barrister, FOURTEEN, re-visits Baroness Hale’s seminal speech in Re W (Children) (Abuse: Oral Evidence) in the light of Lord Justice McFarlane’s recent judgment in Re E (A Child).’

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Family Law Week, 22nd July 2016

Source: www.familylawweek.co.uk

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Survivors must have a stronger voice in Goddard abuse inquiry – The Guardian

Posted July 27th, 2016 in child abuse, evidence, inquiries, news, parliament, sexual offences, victims by sally

‘Justice Lowell Goddard will be unable to deliver justice or tackle child sex abuse if her inquiry sidelines survivors.’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

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iPhone evidence ‘could be more effective than court hearing’ – Law Society’s Gazette

‘Resolving neighbour disputes using iPhone evidence and a video hearing might be more effective than the parties travelling several miles to court, a senior government official has said, outlining significant developments to modernise the justice system.’

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Law Society’s Gazette, 21st July 2016

Source: www.lawgazette.co.uk

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Goddard inquiry truth project to hear first testimony on child sexual abuse – The Guardian

Posted July 25th, 2016 in budgets, child abuse, clergy, delay, evidence, inquiries, insurance, news, victims by sally

‘The first of hundreds of people are to begin giving testimony to a public inquiry into child sexual abuse, in an unprecedented national “truth-telling” project designed to catalogue decades of suffering.’

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The Guardian, 25th July 2016

Source: www.guardian.co.uk

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The mysterious case of the drug-smuggling fishermen – BBC News

Posted July 19th, 2016 in appeals, drug trafficking, evidence, miscarriage of justice, news, ships by sally

‘In 2011, a group of men from the Isle of Wight was given a combined 104-year prison sentence for masterminding a £53m drug smuggling operation. Does new evidence suggest they were innocent?’

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BBC News, 19th July 2016

Source: www.bbc.co.uk

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Poppi Worthington case: ‘Insufficient evidence’ to charge baby’s father over her death, says CPS – Daily Telegraph

‘The father of a 13-month-old girl who died after she was found with serious injuries at her home will not face any criminal charges.’

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Daily Telegraph, 14th July 2016

Source: www.telegraph.co.uk

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Poppi Worthington death: CPS to give charge decision – BBC News

Posted July 14th, 2016 in child abuse, evidence, news, police, prosecutions, sexual offences by tracey

‘Prosecutors are set to announce whether charges will be brought in connection with the death of a 13-month-old girl.’

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BBC News, 14th July 2016

Source: www.bbc.co.uk

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City West Housing Trust v Massey; Manchester and District Housing Association v Roberts – WLR Daily

Posted July 13th, 2016 in appeals, evidence, housing, landlord & tenant, law reports, repossession by sally

City West Housing Trust v Massey; Manchester and District Housing Association v Roberts [2016] EWCA Civ 704

‘When exercising the discretion to suspend a possession order where a tenant’s evidence was considered to be untrue in whole or part, the judge has to be persuaded by cogent evidence that there is a sound basis for the hope that the previous conduct will cease or not recur. Cogent evidence regarding future compliance does not need to stem solely from the tenant himself, without regard to how others might behave, rather the likelihood or possibility of action by others, or even the perception that others might take action, may in an appropriate case be evidence which supports an overall assessment that there is real hope of compliance in the future (post, paras 47–49).’

WLR Daily, 7th July 2016

Source: www.iclr.co.uk

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Why We Shouldn’t Use Evidence Obtained By Torture – RightsInfo

Posted July 13th, 2016 in evidence, human rights, news, terrorism, torture by sally

‘Torture is wrong, we all know that. But so too is its lesser known sibling – evidence obtained by torture. In this opinion article, Corallina Lopez-Curzi takes us through why this practice cannot be relied on in court and how we are ultimately responsible for making sure this does not happen in the UK.’

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RightsInfo, 28th June 2016

Source: www.rightsinfo.org

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‘Avoiding Too Narrow a Focus on Relief from Sanctions’ – Littleton Chambers

Posted July 12th, 2016 in appeals, disclosure, documents, evidence, news, sanctions by sally

‘Ashley Cukier considers the decision in McTear and another v Engelhard and others [2016] EWCA Civ 487, the successful appeal of a first instance judgment handed down after Mitchell but before Denton.’

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Littleton Chambers, 9th July 2016

Source: www.littletonchambers.com

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Uncorroborated children’s allegations – procedure – Park Square Barristers

Posted July 12th, 2016 in appeals, child abuse, children, evidence, news, witnesses by sally

‘This article summarises a recent appeal against findings of fact made in the family court. It’s an interesting case as it serves to remind practitioners of the factors that should be taken into account in considering the investigation procedure when the court is dealing with uncorroborated children’s allegations. Will Tyler QC, a member of Park Square Barristers, acted for the appellant.’

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Park Square Barristers, 21st June 2016

Source: www.parksquarebarristers.co.uk

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Evidence concern over race review in criminal justice – Law Society’s Gazette

Posted July 12th, 2016 in criminal justice, evidence, news, race discrimination, racism, reports by sally

‘A government-sponsored review of possible racial bias in the criminal justice system must not be jeopardised by evidential shortcomings, the Bar Council and Criminal Bar Association have said.’

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Law Society’s Gazette, 11th July 2016

Source: www.lawgazette.co.uk

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The Chilcot Report – an Illegal War? – UK Human Rights Blog

‘More than 7 years after Gordon Brown first announced that a public Inquiry would be conducted to identify lessons that could be learned from the Iraq conflict, the Chilcot report was finally published on7 July 2016. However, it was worth the wait. This post does not seek to summarise the report: there are many other good overviews (such as the BBC’s ). The report’s executive summary, in particular the key findings section, is also well worth a read. The intention is to cover in this and subsequent posts some of the key legal issues raised by the report. This post considers the relevance of the Chilcot report’s findings to the broader issue of whether Britain’s intervention in Iraq was legal – an issue which was not itself within the remit of the inquiry.’

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UK Human Rights Blog, 7th July 2016

Source: www.ukhumanrightsblog.com

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