Court guidelines for rape victims ‘are not working’, as study finds aggressive cross-examination and intimidating encounters are still common – The Independent

‘Victims of rape and sexual violence are not being properly protected during trials and should be dealt with in special courts, according to a new study to be published tomorrow. Guidelines meant to highlight the vulnerability of victims and special measures, such as allowing evidence to be given behind screens, “are not having their intended effect”, researchers at Bath University’s Institute for Policy Research warn.’

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The Independent, 8th February 2015

Source: www.independent.co.uk

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Judicial Review on domestic violence evidence requirements fails: 
R (on the application of Rights of Women) v The Secretary of State for Justice [2015] EWHC 35 (Admin) – The World of Family Law (Garden Court Chambers)

Posted February 5th, 2015 in domestic violence, evidence, judicial review, legal aid, news, regulations, ultra vires by sally

‘Lord Justice Fulford and Mrs Justice Lang DBE have rejected Rights of Womens much needed challenge against the regulations (regulation 33) on domestic violence. For practitioners who work in the field of domestic violence and for people who care about gender based violence this is a disappointing and somewhat confusing blow.’

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The World of Family Law (Garden Court Chambers), 4th February 2015

Source: www.gcfamily.wordpress.com

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Ealing London Borough Council and others v Notting Hill Housing Trust and another – WLR Daily

Posted February 3rd, 2015 in council tax, evidence, housing, law reports, local government, regulations by tracey

Ealing London Borough Council and others v Notting Hill Housing Trust and another;[2015] EWHC 161 (Admin); [2015] WLR (D) 37

‘Article 3 of the Council Tax (Exempt Dwellings) Order 1992 provided that a dwelling was an exempt dwelling for the purposes of section 4 of the Local Government Finance Act 1992 if it fell into Class B: “a dwelling owned by a body established for charitable purposes only, which is unoccupied and has been so for a period of less than sixmonths since the last occupation day, and was last occupied in furtherance of the objects of the charity”. When seeking exemption from council tax under that provision applicants were required to provide sufficient evidence to show that those conditions were satisfied.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

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Wrongly accused man case reopened by North Wales Police – BBC News

Posted February 3rd, 2015 in closed circuit television, evidence, news, police, taxis by tracey

‘Police are to reopen a case into a taxi driver who sexually assaulted three women after the man initially convicted cleared his name. Mohammed Islam, 40, was found guilty of touching the women as he drove them home to north east Wales in his taxi.
But he paid for an expert to enhance CCTV which prosecutors had claimed showed his taxi – and it proved he had not been at the scene.’

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BBC News, 2nd February 2015

Source: www.bbc.co.uk

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Children: Private Law Update (January 2015) – Family Law Week

‘Alex Verdan QC, of 4 Paper Buildings, reviews recent important judgments in private law children cases.’

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Family Law Week, 28th January 2015

Source: www.familylawweek.co.uk

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Outcry as CPS drops trial of anti-drone protesters at last minute – The Independent

‘The prosecution of arms-trade protesters who occupied a British drone engines manufacturer has been dropped at the last minute, after the company refused to hand over evidence about its exports of weaponry to Israel, The Independent can reveal.’

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The Independent, 30th January 2015

Source: www.independent.co.uk

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Catch-33: Stringent documentary requirements upheld for legal aid in domestic violence cases – UK Human Rights Blog

Posted January 29th, 2015 in documents, domestic violence, evidence, news, regulations by sally

‘The campaign group Rights of Women has been unsuccessful in its judicial review of Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012 (as amended) which sets out the list of documents which will be accepted as evidence that a legal aid applicant has suffered or is at risk of suffering domestic violence. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) purports to retain legal aid for victims of domestic violence. However, such funding is only available where at least one of the documents listed in Regulation 33 is submitted to the Legal Aid Agency.’

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UK Human Rights Blog, 28th January 2015

Source: www.ukhumanrightsblog.com

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‘Angel of Death’ murders: Juror’s doubt over guilty verdict – Daily Telegraph

‘Paul Moffitt is the second juror to cast doubt on the 2008 conviction of the nurse Colin Norris for killing four elderly hospital patients.’

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Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

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Sir Brian Leveson’s Review of Efficiency in Criminal Proceedings published: Media Release – Judiciary of England and Wales

‘Sir Brian Leveson, The President of the Queen’s Bench Division publishes his review into efficiency in criminal proceedings today (Friday) with a wide ranging set of recommendations. He was asked by the Lord Chief Justice, Lord Thomas to find ways to make criminal justice more efficient and streamlined.’

Full press release

Judiciary of England and Wales, 23rd January 2015

Source: www.judiciary.gov.uk

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Alice Gross – joint statement from the CPS and the Metropolitan Police – Crown Prosecution Service

‘At the end of the investigation into the disappearance and death of Alice Gross, the Metropolitan Police Service (MPS) submitted a report to the Crown Prosecution Service (CPS). That report proposed that Arnis Zalkalns was responsible for her abduction and murder.’

Full press release

Corwn Prosecution Service, 27th January 2015

Source: www.cps.gov.uk

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Patrick Curran jailed for life for murdering Joan Roddam – BBC News

‘A man with a fetish for older women has been jailed for life for the murder of a pensioner in her Cornwall home. Patrick Curran was 27 when he strangled 74-year-old widow Joan Roddam at her home in Delabole, in November 2003.’

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BBC News, 27th January 2015

Source: www.bbc.co.uk

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Public access barrister wins appeal after BSB evidence blunder – Law Society’s Gazette

Posted January 22nd, 2015 in appeals, barristers, disciplinary procedures, disclosure, evidence, news by sally

‘A public access barrister disbarred for fabricating client letters has won his appeal after the Bar Standards Board was found to have withheld crucial evidence.’

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Law Society’s Gazette, 20th January 2015

Source: www.lawgazette.co.uk

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Child abuse victims’ lawyer calls for swift decision on inquiry panel’s future – The Guardian

Posted January 21st, 2015 in child abuse, evidence, inquiries, news, select committees, victims by sally

‘A lawyer representing victims of child abuse has called for a swift decision by Theresa May on the future of the independent panel set up to investigate institutional abuse amid concerns that evidence is being lost or destroyed.’

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The Guardian, 20th January 2015

Source: www.guardian.co.uk

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Court of Appeal: BSB official “blind to any sense of fairness” in disciplinary prosecution – Legal Futures

‘The Court of Appeal has criticised in the strongest language the behaviour of an official at the Bar Standards Board (BSB) responsible for “subverting the rules” on disclosure.’

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Legal Futures, 21st January 2015

Source: www.legalfutures.co.uk

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Rejection of visit visa to attend funeral: analysis – Free Movement

‘In the news today we can see that an Entry Clearance Officer has rejected an application for a visit visa for two grandparents who wish to travel to the UK to attend the funeral of their 5 year old grandchild, tragically killed in a car accident before Christmas. The family is devastated, obviously. The issue was raised at Prime Minister’s Questions by the local MP and a review was promised. The Immigration Minister, James Broken-shire, has very swiftly conducted the review and the refusal has been maintained. He says his decision has been taken “on the full facts of the case”.’

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Free Movement, 20th January 2015

Source: www.freemovement.org.uk

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Football ‘spot-fixing’ case dropped – BBC News

Posted January 15th, 2015 in evidence, fraud, gambling, media, news, prosecutions, sport by sally

‘The case against 13 footballers investigated over alleged spot-fixing has been dropped due to “insufficient evidence”, the CPS has said.’

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BBC News, 15th January 2015

Source: www.bbc.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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Service Charge Disputes in the First Tier Tribunal – Hardwicke Chambers

Posted January 6th, 2015 in evidence, landlord & tenant, news, service charges, tribunals by sally

‘Over many years of representing landlords (usually by their appointed property management company) in leasehold service charge disputes before the Tribunals, various themes have developed. One of them is my frustration, in the majority of cases, at the quality of evidence with which I must present my client’s case. It actually isn’t that difficult to get your best evidence before the Tribunals and secure the best possible recovery. Especially with the benefit of hindsight!’

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Hardwicke Chambers, 17th December 2014

Source: www.hardwickec.co.uk

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Jimmy Mubenga: Judge refused to allow jury to hear about guards’ racist texts – The Guardian

Posted December 18th, 2014 in death in custody, evidence, immigration, juries, news, racism, telecommunications by sally

‘An Old Bailey judge refused to allow a jury to hear about dozens of “grossly offensive and undoubtedly racist” text messages on the phones of two of the G4S security guards acquitted of killing Jimmy Mubenga because they did not have “any real relevance” to the trial.’

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The Guardian, 17th December 2014

Source: www.guardian.co.uk

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Burglar on Ministry of Justice trial jailed after his crime spree is mapped out by a GPS tag – Daily Telegraph

Posted December 16th, 2014 in burglary, electronic monitoring, evidence, news, recidivists by tracey

‘One of the first criminals in Britain to be fitted with an advanced type of electronic tag which tracked his every move committed seven burglaries within weeks of being released from jail.’

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Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

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