Are Covert Recordings Admissible? – No. 5 Chambers

‘Charles Crow reviews recent decisions in relation to covert recordings by employees and the implications for Tribunals and employers.’

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No. 5 Chambers, 12th January 2015

Source: www.no5.com

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High Court grants overworked law firm relief from sanctions – Litigation Futures

Posted March 18th, 2015 in delay, evidence, law firms, news, sanctions by sally

‘A High Court judge has granted relief from sanctions, after a law firm blamed pressure of work for late service of evidence in a Russian libel case.’

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Litigation Futures, 18th March 2015

Source: www.litigationfutures.com

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Eleanor de Freitas inquest: Family’s anger at suicide verdict for woman who killed herself before trial for ‘false rape claim’ – The Independent

‘The family of a young woman who killed herself days before she was due to stand trial for making false rape allegations have attacked the inquest into her death, saying they may launch legal proceedings over alleged failings by the CPS for allowing her case to go to court.’

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The Independent, 17th March 2015

Source: www.independent.co.uk

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Proof of defect under the CPA 1987: Hufford v Samsung Electronics – Henderson Chambers

Posted March 17th, 2015 in consumer protection, defective goods, evidence, news by sally

‘To what extent must a claimant relying on the Consumer Protection Act 1987 (“the Act”) prove with precision the nature of a defect in a product said to have caused him or her damage?’

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Henderson Chambers, 9th January 2015

Source: www.hendersonchambers.co.uk

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Third of domestic violence victims cannot provide evidence for legal aid – The Guardian

‘More than a third of victims of domestic violence cannot provide the evidence required to obtain legal aid, according to a parliamentary watchdog.’

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The Guardian, 12th March 2015

Source: www.guardian.co.uk

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Rapist who preyed on women in crimes spanning nearly 30 years faces jail – The Guardian

Posted March 11th, 2015 in DNA, evidence, kidnapping, news, photography, rape, sexual offences by tracey

‘A rapist who preyed on women walking alone is facing jail after admitting crimes spanning nearly 30 years. Mechanic Clive Howard attacked five women in Norfolk and Cambridgeshire between 1986 and 2014. Police believe there may be more victims and are appealing for women targeted by Howard to come forward.’

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The Guardian, 11th March 2015

Source: www.guardian.co.uk

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Regina v Boardman – WLR Daily

Posted March 4th, 2015 in appeals, case management, criminal justice, delay, evidence, law reports, trials by sally

Regina v Boardman [2015] EWCA Crim 175; [2015] WLR (D) 92

‘A judge was fully entitled to refuse to allow the prosecution to adduce evidence of telephone data records where they had failed to progress the case properly or in accordance with the Criminal Procedure Rules or other direction even though such refusal effectively brought the prosecution to an end. The Court of Appeal would support trial judges in the exercise of their discretion in discharging their case management responsibilities.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

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Judge dismisses case after Muslim swears oath on Bible – Daily Telegraph

Posted March 2nd, 2015 in evidence, Islam, judges, news, oaths, robbery by sally

‘Judge regrets stopping trial because Muslim man gave evidence having sworn on the Bible instead of the Koran.’

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Daily Telegraph, 27th February 2015

Source: www.telegraph.co.uk

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Al-Sweady file exposes the smearing of British soldiers – Daily Telegraph

‘Evidence drawn up on David Cameron’s orders alleges that Public Interest Lawyers continued to pursue torture and murder claims for a year after realising that they may be “untrue”.’

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Daily Telegraph, 1st March 2015

Source: www.telegraph.co.uk

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Regina v Gurpinar; Regina v Kojo-Smith and another – WLR Daily

Posted February 26th, 2015 in appeals, defences, evidence, homicide, juries, law reports, provocation by sally

Regina v Gurpinar; Regina v Kojo-Smith and another [2015] EWCA Crim 178; [2015] WLR (D) 80

Where a defendant was charged with murder and the issue arose as to whether the partial defence of loss of self-control should be left to the jury the trial judge had to undertake a much more rigorous evaluation of the evidence before that defence could be left to the jury than had been required under the former law of provocation.

WLR Daily, 20th February 2015

Source: www.iclr.co.uk

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How your phone and fitness band could end up giving evidence against you – The Guardian

‘A criminal suspect can’t be forced to divulge their phone passcode, a US circuit court judge ruled in October 2014. Yet law enforcement officials can compel a suspect to provide a fingerprint – which they can then use to unlock the phone and obtain data which may prove the case against them.’

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The Guardian, 24th February 2015

Source: www.guardian.co.uk

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Courtroom communications experts to double – Ministry of Justice

Posted February 23rd, 2015 in budgets, courts, evidence, news, victims, witnesses by sally

‘Victims and witnesses will be given more support than ever before with double the number of courtroom experts soon to be available.’

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Ministry of Justice, 23rd February 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

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Court intermediary numbers to double – BBC News

Posted February 23rd, 2015 in budgets, courts, evidence, news, victims, witnesses by sally

‘The government has pledged to double the number of experts who help vulnerable witnesses and victims in courts in England and Wales.’

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BBC News, 22nd February 2015

Source: www.bbc.co.uk

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Rapists guilty after Lincoln Crown Court judge overruled – BBC News

Posted February 13th, 2015 in appeals, consent, evidence, news, rape by tracey

‘Three men have been convicted of rape, despite a judge trying to stop their trial because of a lack of evidence. Judge John Pini QC halted the trial of Michael Armitage, Pawel Chudzicki and Rafal Segiet saying it could not be proved the woman did not have the capacity to consent. In an unusual move, the prosecution challenged the decision and the Court of Appeal overruled the judge.’

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BBC News, 12th February 2015

Source: www.bbc.co.uk

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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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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)

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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