‘James Fletcher & John McNamara discuss the importance of applying the hearsay rules correctly in asset recovery cases in the magistrates’ court.’
5SAH, 31st July 2023
Source: www.5sah.co.uk
‘This appeal arose out of a claim by the appellant under a guarantee of a contract, to charter a vessel which was met with a defence from the respondent that the contract was procured by bribery and that the guarantee was therefore unenforceable. The bribery allegation was based on evidence of confessions that the appellant alleged were obtained by torture and therefore inadmissible.’
UKSC Blog, 5th August 2020
Source: ukscblog.com
‘The recent case of R v Smith [2020] EWCA Crim 777 highlighted just how important the Criminal Procedure Rules are, and how, despite the pressures that practitioners face, they must be complied with to deal with any disputes surrounding evidence or procedure that may arise.’
Broadway House Chambers, 29th June 2020
Source: broadwayhouse.co.uk
‘In R v Riddell [2017] EWCA Crim 413 the court confirmed that self-defence can potentially be a defence to allegations of both dangerous and careless driving. Even though dangerous driving does not inherently involve the use of force, there may be a need for responsive force in particular circumstances. The availability of the defence will depend on the force used in the driving in those circumstances. The court observed that it would be wrong for self-defence to be available when driving off to avoid injury but unavailable to nudge someone away when fearing violence.’
Law Society's Gazette, 27th November 2017
Source: www.lawgazette.co.uk
‘PC Nadeem Saddique, who guarded Tony Blair and royal family members, wins employment tribunal after complaining to his inspector in 2011 over incidents.’
The Guardian, 25th November 2015
Source: www.guardian.co.uk
‘As the Crown Prosecution Service places increasing focus on securing convictions in domestic-violence cases, there is a sense that victimless prosecutions have become far more common, particularly in the Magistrates’ Courts.’
Full story
Park Square Barristers, 6th March 2015
Source: www.parksquarebarristers.co.uk
‘Strasbourg human rights court is ready to admit it gets things wrong when presented with good arguments.’
The Guardian, 17th December 2014
Source: www.guardian.co.uk
‘From euthanasia to high-speed rail, the highest in the land has an almost limitless remit.’
The Independent, 12th October 2014
Source: www.independent.co.uk
“We have seen Santander having trouble in mortgage possession proceedings in Northern Ireland recently. Here is another example which could perhaps, indeed maybe should, have been avoided, if the lender had actually taken proceedings sufficiently seriously.”
NearlyLegal, 11th October 2013
Source: www.nearlylegal.co.uk
“Arrangements amounting to collective investment schemes within the meaning of section 235 of the Financial Services and Markets Act 2000, or more generally, were not inchoate or imperfect contracts that were displaced if their parties entered into a form of understanding or contract.”
WLR Daily, 8th February 2013
Source: www.iclr.co.uk
“In R v Riat the Court of Appeal provided valuable guidance concerning the approach that the domestic courts should adopt when hearsay evidence is tendered in criminal proceedings.”
Halsbury’s Law Exchange, 26th November 2012
Source: www.halsburyslawexchange.co.uk
“With its recent twin judgements of R v Riat & Others [2012] EWCA Crim 1509 and R v Ibrahim [2012] EWCA Crim 837 the Court of Appeal have finally dealt with the fallout from the long running spat over the correct approach to hearsay evidence which had been taking place between the British and European courts.”
One Inner Temple Lane, 7th November 2012
Source: www.1itl.com
Regina v Chinn [2012] EWCA 501; [2012] WLR (D) 82
“Where a witness’s oral evidence in chief indicated that he had earlier made a witness statement and to the best of his belief he had made the statement concerned and that the statement stated the truth, and the statement identified or described a person, object or place connected with an alleged offence or other relevant event, those parts of the witness statement would be admissible under section 120(5) of the Criminal Justice Act 2003. However, other parts of the witness statement, which went beyond identification or description of the person object or place, would not be admissible under section 120(4) and (5).”
WLR Daily, 15th March 2012
Source: www.iclr.co.uk
“Today’s al-Khawaja judgment shows the European Court of Human Rights is listening to UK judgesToday’s al-Khawaja judgment shows the European Court of Human Rights is listening to UK judges.”
The Guardian, 15th December 2011
Source: www.guardian.co.uk
“Hearsay evidence can be used as the sole means of securing a criminal conviction where no other evidence is available, the European court of human rights (ECHR) has ruled.”
The Guardian, 15th December 2011
Source: www.guardian.co.uk
“British courts have been slavishly following the jurisprudence of the European court of human rights and misinterpreting the Human Rights Act (HRA), according to the architect of the legislation.”
The Guardian, 14th December 2011
Source: www.guardian.co.uk
“The European court of human rights is considering a challenge by the UK supreme court to its ban on hearsay evidence.”
The Guardian, 12th December 2011
Source: www.guardian.co.uk
“An internationally renowned children’s heart specialist won a High Court action yesterday to prevent hearsay evidence being used against him in a case involving allegations of child abuse.”
The Independent, 22nd June 2011
Source: www.independent.co.uk
“A key witness in a case involving allegations of child abuse against a celebrated children’s doctor is prepared to fly to London to give evidence at a General Medical Council hearing, a court heard today.”
The Independent, 8th April 2011
Source: www.independent.co.uk
“The Supreme Court in R v Horncastle [2009] UKSC14 has upheld the decision of the Court of Appeal that, in appropriate circumstances, the Crown may rely wholly or mainly on hearsay evidence to establish its case. The Court of Appeal had, however, emphasised the need to check the reliability of the hearsay evidence in such situations.”
Law Society’s Gazette, 11th February 2010
Source: www.lawgazette.co.uk
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