Police accused of ‘stark errors’ and ‘cherry picking’ in university rape case – The Independent

‘Police made “stark errors” during an investigation into four young men accused of gang rape, a court has heard.’

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The Independent, 27th April 2016

Source: www.independent.co.uk

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Hillsborough inquest timeline: the long wait for justice – The Guardian

‘The families of the 96 people fatally injured at the 1989 FA Cup semi-final have been fighting for the truth for 27 years.’

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The Guardian, 26th April 2016

Source: www.guardian.co.uk

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Credit Hire – Defendant Entitled To Summary Judgment When Claimant Could Not Establish Need – Zenith PI Blog

‘HHJ Armstrong refused the Claimant’s application for permission to appeal the decision of District Judge Read that the Defendant was entitled to summary judgment when the Claimant could not establish need in relation to a vehicle he had hired.’

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Zenith PI Blog, 27th April 2016

Source: www.zenithpi.wordpress.com

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Don’t try to defend yourself in court. But if you have to, here are some crucial tips – The Guardian

‘More people than ever seem to be defending themselves. If you do it, make sure you understand the law, know the lingo and how to play the system.’

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The Guardian, 26th April 2016

Source: www.guardian.co.uk

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Neuberger: ODR may become only route to justice for smaller claims – but Bar is looking for alternatives – Legal Futures

‘Online dispute resolution (ODR) could be the only way of ensuring access to justice in moderate-sized claims in future – but the Bar Council is trying to find an alternative that retains hearings, according to the president of the Supreme Court.’

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Legal Futures, 27th April 2016

Source: www.legalfutures.co.uk

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Sinclair Gardens Investments (Kensington) Ltd v Ray [2015] EWCA Civ 1247 – Tanfield Chambers

Posted April 26th, 2016 in appeals, evidence, judgments, leases, news, valuation by sally

‘A previous decision of the Upper Tribunal is admissible evidence of what it decided and it is a question of what weight a subsequent tribunal should give it. The extent to which the previous decision is a decision on general points of interest rather than specific facts and the cogency of the reasoning will impact on the weight to be given to a particular decision.’

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Tanfield Chambers, 19th April 2016

Source: www.tanfieldchambers.co.uk

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Technology and the Law – Speech by Lord Neuberger

Posted April 26th, 2016 in courts, evidence, judges, news, privacy, speeches, trials, video recordings, witnesses by sally

Technology and the Law

Speech by Lord Neuberger, President of The Supreme Court

British Irish Commercial Bar Association Law Forum, 21st April 2016

Source: www.supremecourt.uk

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Fears over credit for guilty plea – Law Society’s Gazette

‘Criminal defence solicitors are expected to oppose proposed replacement guidelines on sentence reductions for early guilty pleas.’

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Law Society’s Gazette, 25th April 2016

Source: www.lawgazette.co.uk

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Government relaxes domestic violence evidence requirement – Law Society’s Gazette

Posted April 22nd, 2016 in domestic violence, evidence, news, time limits by tracey

‘A month after the Court of Appeal upheld a challenge to the government’s changes to legal aid for victims of domestic violence, the Ministry of Justice has announced it is more than doubling the original time limit for evidence.’

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Law Society’s Gazette, 21st April 2016

Source: www.lawgazette.co.uk

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When an unsafe structure does not trigger the landlord’s duty to repair – Hardwicke Chambers

‘The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd v Raebarn Estates [2016].’

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Hardwicke Chambers, 8th March 2016

Source: www.hardwicke.co.uk

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Police and prosecutors ‘losing sensitive evidence’ – BBC News

‘Sensitive details held by police and prosecutors in England are being lost because evidence is still being shared on computer discs, watchdogs say.’

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BBC News, 13th April 2016

Source: www.bbc.co.uk

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Boffins offer primers for courtroom science – Law Society’s Gazette

Posted April 12th, 2016 in DNA, evidence, expert witnesses, news by sally

‘Easy-to-understand guides on scientific evidence could be introduced in courts as part of joint efforts to explore common interests between lawyers and scientists.’

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Law Society’s Gazette, 12th April 2016

Source: www.lawgazette.co.uk

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Sam Hallam and Victor Nealon denied compensation by Court of Appeal – BBC News

Posted April 12th, 2016 in appeals, compensation, DNA, evidence, miscarriage of justice, news by sally

‘Two men who served long sentences before their convictions were overturned have lost the latest round of their legal fight for compensation.’

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BBC News, 11th April 2016

Source: www.bbc.co.uk

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Covert Recording by Parents – Nothing to Fear but the Truth? – Family Law Week

‘Farooq Ahmed, barrister of Westgate Chambers and recorder, addresses the legal issues arising when parents embroiled in children proceedings record conversations or events.’

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Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

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Number of dropped Crown Court prosecutions at highest level in five years – BBC News

‘The number and proportion of prosecutions dropped at Crown Courts in England and Wales has risen to its highest level in five years. More than 12,600 cases were discontinued from 2014 to 2015 – one in every eight Crown Court cases. At the same time, the proportion of Crown Court cases resulting in a conviction fell below the 80% mark for the first time since 2010-11.’

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BBC News, 11th April 2016

Source: www.bbc.co.uk

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Upholding fundamental rights or ensuring accurate verdicts? The ECtHR and the use of unchallengeable witness evidence – UK Human Rights Blog

Posted April 5th, 2016 in courts, evidence, human rights, news, telecommunications, witnesses by sally

‘The European Court of Human Rights (“ECtHR”) has held that the use of telephone recordings as evidence in a criminal trial, despite the inability of the accused to challenge the caller, did not violate his rights under Article 6, ECHR. This judgment follows a number of Grand Chamber judgments on similar issues that have altered the ECtHR’s stance on the subject of absent witness evidence.’

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UK Human Rights Blog, 4th April 2016

Source: www.ukhumanrightsblog.com

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Bamber appeal letters ‘ill-conceived’, say Essex Police – BBC News

Posted April 4th, 2016 in appeals, disclosure, evidence, internet, media, murder, news, police by sally

‘Police have accused a multiple murderer of “circumnavigating the formal process” of appeal by using the media and websites to fight his conviction.’

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BBC News, 2nd April 2016

Source: www.bbc.co.uk

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Jean Charles de Menezes ruling: European Court of Human Rights rejects call to prosecute police officers who shot him – The Independent

‘The UK was right not to charge any police officers over the shooting of Jean Charles de Menezes, an electrician who they thought was a suicide bomber, in 2005.’

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The Independent, 30th March 2016

Source: www.independent.co.uk

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Regina v Nguyen – WLR Daily

Regina v Nguyen, Attorney General’s Reference No 79 of 2015

‘The defendant pleaded guilty to attempting to inflict grievous bodily harm contrary to section 18 of the Offences against the Person Act 1861 and to having an offensive weapon contrary to section 1(1) of the Prevention of Crime Act 1953. He was sentenced to three years and four months’ imprisonment and 12 months’ imprisonment respectively. The Attorney General applied to the Court of Appeal under section 36 of the Criminal Justice Act 1988 for leave to refer the sentence as unduly lenient. At the same time the prosecution applied to the Crown Court under the Powers of Criminal Courts (Sentencing) Act 2000 for the sentence to be varied on the grounds that new material showed that, contrary to the way in which the case had been presented at the sentencing hearing, the complainant had been specifically targeted by the defendant. The time limit for making a variation order was subsequently extended by a Crown Court judge, and a variation order was later made by the sentencing judge. The defendant appealed against the varied sentence. On the hearing in the Court of Appeal it was common ground that there was no power to extend the time limit for the making of a variation order, so that the variation order had been invalid.’

WLR Daily, 23rd March 2016

Source: www.iclr.co.uk

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Manchester sex workers’ rights case collapses after five years – The Guardian

‘A court case that would have tested the right of sex workers to offer services together in brothels to protect themselves has collapsed after a police officer refused to give evidence.’

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The Guardian, 29th March 2016

Source: www.guardian.co.uk

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