Judge rejects disclosure of document on role of police spy in wrongful conviction – The Guardian

Posted December 18th, 2015 in disclosure, evidence, miscarriage of justice, news, police, prosecutions, public order, spying by tracey

‘A judge has refused to order the disclosure of an official document that would shed more light on how an undercover operation caused the wrongful conviction of an environmental campaigner.’

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The Guardian, 17th December 2015

Source: www.guardian.co.uk

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Sgt Alexander Blackman’s wife ‘cautiously optimistic’ of new appeal – Daily Telegraph

‘The wife of a Royal Marine given a life sentence for murdering a Taliban captive has said she is cautiously optimistic new evidence will see his case sent back to the Appeal Court.’

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Daily Telegraph, 16th December 2015

Source: www.telegraph.co.uk

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Peter Miller murder: 170 exhibits destroyed, returned or lost – BBC News

Posted December 8th, 2015 in complaints, evidence, murder, news, police by sally

‘The brother of a man murdered 31 years ago is to complain to a police force after it emerged 170 case exhibits had been destroyed, returned or lost.’

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BBC News, 8th December 2015

Source: www.bbc.co.uk

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Lord Janner judge to rule on evidence behind lack of fitness to stand trial – The Guardian

‘A high court judge is expected to rule on whether Lord Janner is unfit to stand trial – and what evidence can be released regarding that decision – for a string of child sex offences dating back 50 years.’

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The Guardian, 7th December 2015

Source: www.guardian.co.uk

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Dash cam footage of dangerous overtaking lands driver in jail in UK first – Daily Telegraph

Posted December 4th, 2015 in dangerous driving, evidence, news, sentencing, video recordings by tracey

‘In a landmark case, a driver has been jailed after another car’s dashboard camera filmed his dangerous overtaking manoeuvres.’

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Daily Telegraph, 3rd December 2015

Source: www.telegraph.co.uk

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Senior British judges decide if DNA evidence can ‘uncover affair’ and settle Scottish hereditary title dispute – Daily Telegraph

‘Norman Murray Pringle, an accountant living in High Wycombe, is attempting to prove his aristocratic entitlement as the next baronet of Stichill.’

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Daily Telegraph, 25th November 2015

Source: www.telegraph.co.uk

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Two men cleared of Nicola Payne murder – The Guardian

Posted November 16th, 2015 in evidence, murder, news, prosecutions by sally

‘A former warehouse worker and his brother-in-law have been cleared of murdering a young mother who disappeared in 1991.’

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The Guardian, 16th November 2015

Source: www.guardian.co.uk

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Even a Single Page Missing … – Zenith PI Blog

Posted November 16th, 2015 in case management, copyright, evidence, judgments, news by sally

‘A ruthless and salient reminder in procedure – make sure every page is in the bundle before the trial!’

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Zenith PI Blog, 13th November 2015

Source: www.zenithpi.wordpress.com

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Regina v FNC – WLR Daily

Posted November 13th, 2015 in DNA, evidence, law reports, no case to answer, sexual offences by tracey

Regina v FNC: [2015] EWCA Crim 1732; [2015] WLR (D) 440

‘There might be a case to answer even where the prosecution relied on DNA evidence alone.The Court of Appeal, Criminal Division, so held when allowing an appeal by the prosecution against a decision made on 5 May 2015 in the Crown Court at Blackfriars (Mr Recorder Day QC) to terminate proceedings against the defendant, FNC, on the grounds that there was no case to answer on a charge of indecent assault contrary to section 14 of the Sexual Offences Act 1956.’

WLR Daily, 4th November 2015

Source: www.iclr.co.uk

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Child abuse inquiry to begin taking victims’ testimony in private hearings – The Guardian

Posted November 12th, 2015 in child abuse, evidence, inquiries, news, victims by sally

‘An ambitious project to take testimony from thousands of victims of child abuse across the country will begin within days as part of an independent inquiry into institutionalised abuse.’

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The Guardian, 11th November 2015

Source: www.guardian.co.uk

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Roy Harper criticises CPS for taking ‘so long’ to acquit him over sex abuse allegations – Daily Telegraph

Posted November 10th, 2015 in complaints, Crown Prosecution Service, evidence, news, retrials by sally

‘The 74-year-old songwriter hits out at the length of time the Crown Prosecution Service took to prove his innocence.’

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Daily Telegraph, 9th November 2015

Source: www.telegraph.co.uk

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Judge calls for fast-track civil contempt procedure after application is stymied by criminal trial – Litigation Futures

‘A claimant found to have brought a bogus personal injury claim – but then cleared of fraud in the Crown Court – can only face civil contempt proceedings if there is new evidence, the High Court has ruled.’

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Litigation Futures, 4th November 2015

Source: www.litigationfutures.com

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‘Misleading’ Boots eye advert banned – BBC News

Posted October 29th, 2015 in advertising, evidence, health, news by sally

‘An advert for Boots Opticians has been banned for “misleading” claims that blue light, emitted from smartphones and other gadgets, damages eyesight.’

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BBC News, 28th October 2015

Source: www.bbc.co.uk

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Convicted burglar could be freed after claiming DNA came from identical twin – The Independent

Posted October 28th, 2015 in burglary, DNA, evidence, families, fraud, news by sally

‘A man is hoping to overturn his burglary conviction by disputing DNA evidence on the grounds that he is an identical twin.’

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The Independent, 27th October 2015

Source: www.independent.co.uk

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Supreme Court upholds evidential flexibility policy – Free Movement

Posted October 19th, 2015 in evidence, immigration, interpretation, news, regulations by sally

‘The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home Office’s Points Based System evidential flexibility policy. Regular followers of the blog will be familiar with this policy, which was first published here on Free Movement courtesy of Jane Heybroek. This was in 2012, despite the policy being in operation since 2009. It was later also published to the Home Office website.’

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Free Movement, 19th October 2015

Source: www.freemovement.org.uk

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Courts likely to look for evidence that journalists have verified alleged defamatory statements, says expert – OUT-LAW.com

Posted October 16th, 2015 in defamation, evidence, media, news, Privy Council, public interest by sally

‘Journalists seeking to rely on the new ‘public interest’ defence to a claim of defamation will still have to be able to prove that they have taken steps to verify the accuracy of what they have published, an expert has said.’

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OUT-LAW.com, 15th October 2015

Source: www.out-law.com

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Queen intervenes to settle title feud opening way to title pretenders – Daily Telegraph

Posted October 12th, 2015 in DNA, evidence, news, peerages & dignities, precedent, Privy Council by tracey

‘DNA evidence could be used for the first time to resolve a feud over a hereditary title after the Queen personally intervened in the case.’

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Daily Telegraph, 11th October 2015

Source: www.telegraph.co.uk

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Trumping the Trump – or how to meet a claim to privilege following discontinuance in a fundamental dishonesty claim – Park Square Barristers

Posted October 7th, 2015 in disclosure, evidence, news, personal injuries, privilege by sally

‘It is common practice for an unscrupulous claimant, to run a doubtful personal injury claim to the door of the court, hoping to force a settlement, and then, at the last minute, to discontinue, in order to avoid the risk of failure, a finding of fundamental dishonesty and a costs liability.’

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Park Square Barrister, 18th September 2015

Source: www.parksquarebarristers.co.uk

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Part 3 of the 2015 Immigration Bill – enforcement – Free Movement

Posted October 1st, 2015 in bills, crime, documents, enforcement, evidence, immigration, news, stop and search by sally

‘Part 3 of the Immigration Bill gives a host of new, wide powers to immigration officers.

A person with leave to enter arrives in at the airport. Schedule 19(1) and (2) – the first section of Part 3 – gives immigration officers the power to curtail leave, rather to simply determine whether leave has been given and act accordingly. So someone arriving in the UK even with the appropriate leave will now have a lingering uncertainty as to whether they will be allowed in. This is likely to affect few migrants, but is indicative of the greater powers given to immigration officers throughout the Bill.’

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Free Movement, 1st October 2015

Source: www.freemovement.org.uk

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Unhappy returns of the day for copyright claim – Law Society’s Gazette

Posted September 24th, 2015 in artistic works, copyright, evidence, intellectual property, news by tracey

‘A California judge’s ruling that Warner/Chappell can no longer collect royalties for Happy Birthday may not apply in England, says IP expert.’

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Law Society’s Gazette, 23rd September 2015

Source: www.lawgazette.co.uk

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