Save Legal Aid, Save Lives – Family Law Week

Posted March 26th, 2015 in domestic violence, evidence, legal aid, news, reports, select committees by sally

‘Ruth Tweedale, a law lecturer at the University of Roehampton and former solicitor at Rights of Women, describes recent developments in the campaign to preserve family law legal aid for victims of domestic violence.’

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Family Law Week, 24th March 2015

Source: www.familylawweek.co.uk

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Fresh grounds and evidence before the CAT – Competition Bulletin from Blackstone Chambers

Posted March 23rd, 2015 in appeals, competition, evidence, news, ombudsmen, telecommunications, tribunals by sally

‘On the face of it, BT was the main winner in this week’s ruling from the Competition Appeal Tribunal: see British Telecommunications plc v Office of Communications [2015] CAT 6. However, the decision, which makes interesting comments on the rights of parties to adduce new grounds and evidence on an appeal, raises important notes of caution to all parties which may wish to appeal or intervene in future cases.’

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Competition Bulletin from Blackstone Chambers, 20th March 2015

Source: www.competitionbulletin.com

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Serial rapist Shaun Hopkins handed life sentence after victim spotted him on Facebook – The Independent

Posted March 23rd, 2015 in evidence, internet, news, rape, sentencing, victims by sally

‘A rapist has been handed a life sentence after he was identified by one of his victims when she spotted his picture on Facebook.’

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The Independent, 21st March 2015

Source: www.independent.co.uk

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Final Report of the Vulnerable Witnesses and Children Working Group – Judiciary of England & Wales

‘Final Report of the Vulnerable Witnesses and Children Working Group.’

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Judiciary of England and Wales, 17th March 2015

Source: www.judiciary.gov.uk

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Hillsborough inquests: Assessing David Duckenfield’s evidence – BBC News

Posted March 19th, 2015 in evidence, health & safety, inquests, news, police, sport by sally

‘Police match commander David Duckenfield spent a week in the witness box at the new inquests into the Hillsborough disaster. But what were the key parts of his evidence, and what have we learned?’

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BBC News, 19th March 2015

Source: www.bbc.co.uk

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Advising witnesses on the defence case: what are the issues? – Halsbury’s Law Exchange

Posted March 19th, 2015 in consultations, cross-examination, evidence, news, witnesses by sally

‘The CPS have recently been running a consultation entitled “Speaking to Witnesses at Court”. The consultation period ended on Monday 16th March, and we await their response.’

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Halsbury’s Law Exchange, 18th March 2015

Source: www.halsburyslawexchange.co.uk

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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?’

Full story (PDF)

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.’

Full story

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.’

Full story

BBC News, 12th February 2015

Source: www.bbc.co.uk

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