Coercive Control and the consequences of forfeiture – Challen v Challen [2020] EWHC 1330 – St John’s Chambers

‘Sally Challen’s case has become well known in recent years, as a miscarriage of justice that resulted in a woman spending years behind bars for an offence she did not commit. The facts were not in dispute. In August 2010 she had reconciled with Richard, her partner and husband of forty years, after previously leaving the matrimonial home and starting divorce proceedings. Over lunch, she beat him to death with a hammer. Subsequently dissuaded from committing suicide, she was convicted of his murder and sentenced to life imprisonment, with the prosecution describing her as jealous and possessive, and the jury rejecting her defence of diminished responsibility. In 2019 the Court of Appeal allowed her appeal, quashed her conviction, and directed a re-trial to reconsider the defences of diminished responsibility and provocation, in the light of new expert evidence about the effect of coercive control in a relationship. Richard had behaved appallingly towards Slly during their relationship. Finally in September 2019 the Crown accepted the plea that Sally Challen had offered throughout, that of guilty to manslaughter by reason of diminished responsibility. Edis J sentenced her to 9 years and 4 months imprisonment, with the effect that she was immediately released.’

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St John's Chambers, 28th May 2020

Source: www.stjohnschambers.co.uk

‘Miss Hitler’ and three others guilty of National Action membership – BBC News

Posted March 20th, 2020 in news, proscribed organisations, retrials, terrorism by sally

‘A “Miss Hitler” contest entrant and her ex-partner have been convicted of being members of the banned far-right terrorist group National Action.’

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BBC News, 19th March 2020

Source: www.bbc.co.uk

The unprecedented case of a third fact finding hearing – Garden Court Chambers

Posted March 3rd, 2020 in children, evidence, female genital mutilation, news, police, retrials by sally

‘The case concerns the following tragic background. A 10-year-old girl, S was found dead in her bedroom. She died of strangulation and suffered recent injuries to her genital area.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

‘Training is not enough’: Family lawyers target Tolson over ‘outdated’ views on consent – Law Society’s Gazette

‘Lawyers, campaigners and politicians are calling for wider action to be taken after a judge was condemned for employing “obsolescent concepts” on consent in a family case.’

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Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

Court of Appeal orders “unprecedented” second retrial in care proceedings following death of 10-year-old girl – Local Government Lawyer

‘The Court of Appeal has ordered a second retrial in care proceedings relating to five siblings following the death of a ten-year-old girl in 2016, describing the judgment from the first retrial as“wrong and procedurally unjust”.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Michael Weir guilty of 1998 ‘double jeopardy’ murders – BBC News

Posted November 15th, 2019 in DNA, double jeopardy, forensic science, murder, news, retrials by tracey

‘A jewel thief who beat two elderly people to death in their own homes has been convicted of their murders two decades on.’

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BBC News, 14th November 2019

Source: www.bbc.co.uk

A short judgment must be a careful judgment… or risk a retrial – Practical Law Dispute Resolution Blog

Posted October 29th, 2019 in judgments, news, reasons, retrials by sally

‘It is sometimes said that a judgment is written for the losing party; all that the winning party cares about is that it has won. However, a recent Court of Appeal decision is a salutary reminder that when a judgment is not carefully written, the failure to give adequate reasons for the conclusions may lead to a retrial, and so give the losing party a second bite at the cherry. All litigants, winners and losers, should take note.’

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Practical Law Dispute Resolution Blog, 1st October 2019

Source: disputeresolutionblog.practicallaw.com

Joint authorship does not require writing contribution – OUT-LAW.com

Posted October 29th, 2019 in copyright, joint ventures, news, retrials by tracey

‘Contributors of ideas for TV programmes, films or other creative works can be considered joint authors of those works even if they do not write the scripts, the Court of Appeal in London has confirmed.’

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OUT-LAW.com, 29th October 2019

Source: www.pinsentmasons.com

Hillsborough match commander David Duckenfield retrial – The Guardian

‘The former South Yorkshire police chief superintendent who was in command of the 1989 FA Cup semi-final at Sheffield Wednesday’s Hillsborough football ground when 96 people were killed in a crush, will on Monday begin his retrial on the criminal charge of manslaughter.’

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The Guardian, 2nd October 2019

Source: www.theguardian.com

Unhappy paralegal refused discrimination claim rerun – Legal Futures

Posted August 27th, 2019 in disability discrimination, news, paralegals, retrials by sally

‘An employment tribunal has refused to reconsider a decision that comprehensively rejected a disability discrimination claim brought by a paralegal who worked for well-known personal injury firm Ralli.’

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Legal Futures, 27th August 2019

Source: www.legalfutures.co.uk

CA orders retrial after High Court judge’s “inadequate” ruling – Litigation Futures

Posted August 13th, 2019 in appeals, Commercial Court, documents, evidence, judges, news, retrials by tracey

‘The Court of Appeal has “reluctantly” ordered the retrial of a Commercial Court case after finding that the judge failed to address all the evidence before him.’

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Litigation Futures, 13th August 2019

Source: www.litigationfutures.com

Hillsborough police chief will face retrial, judge rules – The Guardian

‘The former South Yorkshire police chief superintendent who was in command of the 1989 FA Cup semi-final at Hillsborough, where 96 people were killed, will face a retrial on a charge of gross negligence manslaughter, a judge has ruled.’

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The Guardian, 25th June 2019

Source: www.theguardian.com

South Wales Police misconduct officer Rebecca Bryant sacked – BBC News

‘A police officer has been sacked after lying about knowing a juror in a murder trial, leading to three convictions being quashed and a retrial.’

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BBC News, 20th June 2019

Source: www.bbc.co.uk

Cricketer Alex Hepburn facing jail after being found guilty of rape – Daily Telegraph

Posted April 15th, 2019 in news, rape, retrials by michael

‘A professional cricketer, who had sex with a sleeping woman as part of a WhatsApp sexual conquest game, has been found guilty of rape following a retrial.’

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Daily Telegraph, 12th April 2019

Source: www.telegraph.co.uk

Ched Evans reaches settlement with lawyers over rape case – BBC News

Posted April 11th, 2019 in compensation, law firms, legal representation, news, rape, retrials by sally

‘Ched Evans has reached an out-of-court settlement with his original defence team over their handling of the case where he was found guilty of rape.’

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BBC News, 10th April 2019

Source: www.bbc.co.uk

Sally Challen at home after murder conviction quashed – BBC News

‘A woman who served nine years in jail for her husband’s murder before her conviction was quashed has been reunited with her sons.’

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BBC News, 7th April 2019

Source: www.bbc.co.uk

Jill Dando murder will never be solved, says lead detective – The Guardian

Posted March 29th, 2019 in inquiries, murder, news, police, retrials by tracey

‘The detective who led the inquiry into Jill Dando’s murder has said her case will never be solved. Speaking in a BBC documentary to mark 20 years since the 37-year-old television presenter’s shooting in April 1999 in Fulham, west London, Hamish Campbell said he did not think any new suspects would ever be brought to court.’

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The Guardian, 29th March 2019

Source: www.theguardian.com

Murder conviction quashed after detective hid relationship with juror – The Guardian

Posted March 20th, 2019 in disclosure, juries, murder, news, police, retrials by sally

‘Three killers had their murder convictions quashed because a police officer involved in the case failed to disclose she knew one of the jurors in their trial, it has been revealed.’

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The Guardian, 19th March 2019

Source: www.theguardian.com

Sally Challen appeal: judges give hope to women who killed their abusive husbands – Daily Telegraph

‘Dozens of women imprisoned for murdering their partners after violent, abusive relationships will seek to overturn their convictions, lawyers have said, after a wife jailed for bludgeoning her husband to death with a hammer won her appeal to secure a retrial.’

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Daily Telegraph, 28th February 2019

Source: www.telegraph.co.uk

Man found guilty of 1986 Brighton ‘babes in the wood’ murders – The Guardian

Posted December 11th, 2018 in appeals, child abuse, children, forensic science, murder, news, retrials, sexual offences by sally

‘A convicted paedophile has been found guilty of the “babes in the wood” murders at the end of a retrial that drew on scientific advances in forensics 32 years after two schoolgirls were killed.’

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The Guardian, 10th December 2018

Source: www.theguardian.com