Canning v Network Rail: service of supplementary witness evidence post-Mitchell – Zenith PI Blog

Posted October 3rd, 2014 in news, service, time limits, witnesses by tracey

‘The court in Canning v Network Rail [2014] EWHC 2104 (QB) treated an application to rely on supplementary witness evidence as an application for relief from sanctions. The Mitchell considerations therefore came into play.’

Full story

Zenith PI Blog, 3rd October 2014

Source: www.zenithpi.wordpress.com

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Practice Note: Chancery Chambers Changes 1st October 2014 – Judiciary of England and Wales

‘From 1 October 2014 the Chancery Division in London will commence using the new CE-File electronic court file and some data stored on the old IT system will be transferred to CE-File.’

Full practice note

Judiciary of England and Wales, 11th September 2014

Source: www.judiciary.gov.uk

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Child witness court video evidence expansion planned – BBC News

Posted September 10th, 2014 in children, Crown Court, evidence, news, sexual offences, trials, victims, video recordings, witnesses by sally

‘Changes to allow children and abuse victims in England and Wales to film their evidence before a trial begins should be brought in “as fast as possible”, a justice minister has said.’

Full story

BBC News, 9th September 2014

Source: www.bbc.co.uk

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Durrant Round 2: What to do when the court has refused to let you rely upon your evidence – Zenith PI Blog

Posted September 8th, 2014 in appeals, evidence, news, police, time limits, witnesses by sally

‘As you will remember, at the end of 2013 the CA refused to allow the Defendant to rely upon witness statements which had been served out of time. Therefore when the Claimant’s claim for damages for false imprisonment, assault, malicious prosecution, Breach of Article 3 and defamation came before the court in August 2014, the only statements read by the court were those provided by the Claimant, and the only live evidence came from the Claimant and one witness on her behalf. The court did, however, also view CCTV.’

Full story

Zenith PI Blog, 5th September 2014

Source: www.zenithpi.wordpress.com

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Former N-Dubz singer Dappy guilty of nightclub assault – The Guardian

Posted September 8th, 2014 in assault, contempt of court, news, suspended sentences, witnesses by sally

‘The former N-Dubz singer Dappy has been found guilty of assaulting a man at a nightclub.’

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The Guardian, 5th September 2014

Source: www.guardian.co.uk

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Enforcement and criminal investigations (modernised guidance) – UK Border Agency

Posted August 22nd, 2014 in immigration, press releases, visas, witnesses by tracey

‘This collection brings together modernised guidance about enforcement and processes used by UK Visas and Immigration.’

Full press release

UK Border Agency, 21st August 2014

Source: www.ukba.homeoffice.gov.uk

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Family system ‘woefully behind’ in treatment of vulnerable – Law Society’s Gazette

‘Family judges are to receive guidance on dealing more appropriately with children and other vulnerable witnesses.
The interim report of a working group set up by Sir James Munby, head of the Family Division, says the family system ‘lags woefully behind’ the criminal justice system in this regard.’

Full story

Law Society’s Gazette, 13th August 2014

Source: www.lawgazette.co.uk

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Witness statements, Mitchell and CPR rules 3.9 and 32.10 – Sovereign Chambers

Posted August 7th, 2014 in civil procedure rules, evidence, news, time limits, trials, witnesses by sally

‘David Partington and Judy Dawson, barristers in the Sovereign Chambers Civil Team in Leeds, consider the civil procedural difficulties that the late service of witness statements cause for both the defaulting and innocent parties, given the interplay of, “Jackson”, Denton, and the cases dealing with sanction for late service of witness statements.’

Full story

Sovereign Chambers, 16th July 2014

Source: www.sovereignchambers.co.uk

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Should children give evidence in family proceedings? – Halsbury’s Law Exchange

‘The case concerned a five-year-old boy. The appellant, his father, had applied for contact. The mother had opposed, alleging violence and so a fact finding hearing was ordered. The mother wanted her 13-year-old daughter, from a different relationship, to give evidence about some of the alleged incidents. That child had never been asked about the incidents and had to date given no account, whether by an Achieving Best Evidence (ABE) interview or otherwise. The judge ordered Cafcass to meet with this child to explore matters further – in particular, whether that child should answer questions put to her in writing and/or give live evidence at the hearing. The father appealed that decision. After the hearing and before the father obtained a stay, Cafcass met the child. Cafcass recommended that the questions should be reworded and reduced in number and also that the child “should not be compelled to provide live evidence” and/or “subjected to live cross-examination”.’

Full story

Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

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Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) – WLR Daily

Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) [2014] EWHC 1944 (Admin); [2014] WLR (D) 348

‘It might be a necessary requirement to provide a full registered (rather than non-registered) intermediary when an individual of special vulnerability, who was in jeopardy by reason of being before the courts upon criminal accusation, came to give evidence, as such a person should be put in the best position to do themselves justice.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

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DPP to examine treatment of witnesses after abuse victim’s death – The Guardian

‘The director of public prosecutions (DPP) said she recognised the “real issue” over whether victims and witnesses are treated fairly after the death of a sex abuse victim sparked calls for reform.’

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The Guardian, 27th July 2014

Source: www.guardian.co.uk

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Ex-NoW journalist Dan Evans gets suspended sentence over hacking – The Guardian

‘A former journalist at the News of the World who admitted listening to more than 1,000 hacked voicemail messages has been spared jail because of what the judge said was his “unique” role in giving the prosecution evidence in the trial of Andy Coulson, Rebekah Brooks and others.’

Full story

The Guardian, 24th July 2014

Source: www.guardian.co.uk

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Regina v Jones (Nicholas) – WLR Daily

Posted July 23rd, 2014 in bad character, conspiracy, evidence, fraud, law reports, witnesses by michael

Regina v Jones (Nicholas) [2014] WLR (D)  319

‘A finding by a tribunal that an expert’s evidence was not as objective and independent as it might have been was not evidence of bad character with sections 98 and 112 of the Criminal Justice Act 2003.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

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Tulisa Contostavlos trial collapses over Mazher Mahmood’s evidence – The Guardian

Posted July 22nd, 2014 in drug trafficking, evidence, media, news, trials, witnesses by sally

‘The trial of the singer and TV entertainer Tulisa Contostavlos over drugs allegations has dramatically collapsed after the judge ruled that the Sun investigative reporter whose evidence was central to the case had seemingly lied on oath.’

Full story

The Guardian, 21st July 2014

Source: www.guardian.co.uk

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Transforming the criminal justice system: strategy and action plan – Ministry of Justice

Posted July 16th, 2014 in computer programs, criminal justice, delay, reports, victims, witnesses by tracey

‘The “Criminal justice system 2014 to 2015: strategy and action plan” is an update on the version published last year.’

Full text

Ministry of Justice, 15th July 2014

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

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Lord Leveson warns against ‘CSI effect’ in barring crime solving – Daily Telegraph

Posted May 27th, 2014 in forensic science, judges, news, speeches, witnesses by sally

‘Lord Leveson has warned against people believing crimes are solved just by forensic scientists and not by people coming forward, like they are on television’

Full story

Daily Telegraph, 25th May 2014

Source: www.telegraph.co.uk

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Vulnerable witnesses allowed to give evidence pre-trial – BBC News

‘Vulnerable witnesses can give evidence before a trial starts from Monday as part of a pilot scheme in three Crown Courts in England.’

Full story

BBC News, 28th April 2014

Source: www.bbc.co.uk

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Relief from sanction and witness statements – The Barristers’ Hub

Posted April 24th, 2014 in case management, civil procedure rules, disclosure, news, sanctions, witnesses by tracey

‘The Court of Appeal last week handed down judgment in the case of Chartwell Estate Agents v. Fergies Property & Anor. [2014] E. W. C. A. Civ. 506. It is an important decision for all civil practitioners, as it deals directly with the question of relief from sanction under the modified Rule 3.9 of the Civil Procedure Rules, and mollifies to some extent the (at least perceived) harshness of the rule in Mitchell v. News Group Newspapers [2014] 1 W. L. R. 795 – so much so that the Westlaw service run by respected legal publishers Sweet & Maxwell now state that the Mitchell decision has received “mixed or mildly negative judicial treatment”.’

Full story

The Barristers’ Hub, 23rd April 2014

Source: www.barristershub.co.uk

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Sharif Demirsay murder: Three teens given life sentences – BBC News

Posted April 14th, 2014 in burglary, intimidation, murder, news, sentencing, witnesses, young offenders by sally

‘Three teenagers have been given life sentences for murdering a grandfather in a gold and cash raid.’

Full story

BBC News, 11th April 2014

Source: www.bbc.co.uk

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Frances Andrade suicide ‘could and should’ have been prevented – BBC News

Posted April 11th, 2014 in child abuse, news, police, reports, sexual offences, suicide, victims, witnesses by sally

‘The suicide of a violinist days after she testified in court against an ex-choirmaster “could and should” have been prevented, a report has said.’

Full story

BBC News, 10th April 2014

Source: www.bbc.co.uk

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