Witness Protection: Can non-parties appeal critical findings made in a judgment which infringe their human rights? – UK Human Rights Blog

Posted November 30th, 2016 in appeals, human rights, jurisdiction, local government, news, police, social services, witnesses by tracey

‘Re: W (A child) [2016] EWCA Civ 1140. A Family Court judgment was severely critical of two witnesses and the applicant local authority. In an oral “bullet point” judgment at the end of the hearing, the Judge found that the witnesses, a social worker (“SW”) and a police officer (“PO”), had improperly conspired to prove certain allegations regardless of the truth, or professional guidelines.’

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UK Human Rights Blog, 30th November 2016

Source: www.ukhumanrightsblog.com

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Social worker and police officer win challenge over criticisms made by judge – Local Government Lawyer

Posted November 25th, 2016 in judgments, news, police, setting aside, social services, witnesses by tracey

‘A social worker and a police officer have successfully crossed what McFarlane LJ called “legal landmines” to secure deletion of criticisms made of them by a judge.’

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Local Government Lawyer, 23rd November 2016

Source: www.localgovernmentlawyer.co.uk

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Hearing into handling of child abuse allegations against Lord Janner delayed – The Guardian

Posted November 17th, 2016 in child abuse, delay, inquiries, legal profession, news, witnesses by sally

‘A public hearing into allegations of child abuse against the late Lord Janner is to be put back to an undisclosed date, the national inquiry into institutional abuse has said.’

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The Guardian, 16th November 2016

Source: www.guardian.co.uk

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CA upholds refusal to grant relief to solicitors who served witness statements late – Litigation Futures

Posted November 15th, 2016 in appeals, civil procedure rules, law firms, news, sanctions, solicitors, time limits, witnesses by tracey

‘Solicitors who served witness statements two months late cannot call any witnesses at trial after the Court of Appeal upheld the first instance judge’s decision to refuse relief from sanctions.’

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Litigation futures, 14th November 2016

Source: www.litigationfutures.com

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Bar Council launches vulnerable witness advocacy training – The Bar Council

‘Pro bono training launched for advocates dealing with vulnerable witnesses.’

Full press release

The Bar Council, 14th November 2016

Source: www.barcouncil.org.uk

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New guidelines issued on questioning of vulnerable witnesses in court – The Guardian

Posted November 14th, 2016 in children, cross-examination, learning difficulties, news, witnesses by tracey

‘Guidelines say children and people with learning difficulties should not be subject to unnecessarily harsh questioning.’

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The Guardian, 14th November 2016

Source: www.guardian.co.uk

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Regina v Sardar (Anis Abid) – WLR Daily

Posted November 8th, 2016 in anonymity, appeals, conspiracy, disclosure, evidence, explosives, law reports, murder, witnesses by sally

Regina v Sardar (Anis Abid) [2016] EWCA Crim 1616

‘The defendant was charged with murder, conspiracy to murder and, as an alternative count, conspiracy to cause an explosion. It was the Crown’s case that the defendant had been directly involved in the construction and/or deployment of improvised explosive devices (IEDs), one of which had caused the death of an American soldier near Baghdad in September 2007. The defendant’s case was that he had been acting in lawful and proportionate defence of Sunni communities who were under threat from Shia militia; his fingerprints had been found on two of the bombs, although not the one which had resulted in the fatal explosion. The defendant was convicted of murder and conspiracy to murder; no verdict was sought on the alternative count of conspiracy to cause an explosion. He appealed against conviction on the ground, inter alia, of fresh evidence from two anonymous witnesses (C and D) who were now available to give evidence as to the frequency and quality of attacks by the Shia militia on the Sunni communities and the need for the Sunnis to act in self-defence. C and D were prepared to disclose their identities to the court and, within a strict “confidentiality ring”, to counsel for the Crown, the Crown Prosecution Service lawyer and two senior investigating officers with undertakings that there should be no further disclosure to anyone. However, the Crown was not prepared to give such undertakings. The defendant applied for an order under section 87(3) of the Coroners and Justice Act 2009 (which required the defendant to inform the court and the prosecutor of the identity of the witness) for anonymity measures to be put in place. It was submitted that although the “prosecutor” had to be informed, that did not necessarily envisage disclosure beyond the person of the prosecutor.’

WLR Daily, 18th October 2016

Source: www.iclr.co.uk

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Digital courts’ success will win over sceptics, says senior judge – Law Society’s Gazette

Posted November 8th, 2016 in courts, internet, judges, news, witnesses by sally

‘The judge leading efforts to drag the courts system into the 21st century has reassured sceptical lawyers they will be won over by technological advances.’

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Law Society’s Gazette, 7th November 2016

Source: www.lawgazette.co.uk

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Scores of cases set to be reviewed or dropped after collapse of Tulisa trial – The Independent

‘The Criminal Cases Review Commission has confirmed it is reviewing six cases involving celebrities who were convicted following involvement with Mazher Mahmood, better known as the Fake Sheikh.’

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The Independent, 6th October 2016

Source: www.independent.co.uk

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Strasbourg again favouring safety of conviction over cross-examination of witnesses? – UK Human Rights Blog

Posted October 3rd, 2016 in cross-examination, drug trafficking, human rights, news, witnesses by sally

‘In a unanimous decision, the European Court of Human Rights has held that the proceedings that lead to the conviction of an individual for drug trafficking charges were entirely compliant with Article 6, ECHR. Despite the inability to cross-examine a key prosecution witness, the Court considered that in light of the existence of supporting incriminating evidence (amongst other factors) the proceedings as a whole were fair.’

Full story

UK Human Rights Blog, 30th September 2016

Source: www.ukhumanrightsblog.com

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False VIP sex ring accuser ‘did not know who Lord Janner was’ – Daily Telegraph

Posted September 19th, 2016 in inquiries, news, perverting the course of justice, police, sexual offences, witnesses by tracey

‘The Metropolitan Police faced fresh questions over the aborted VIP paedophile inquiry last night after “preposterous” evidence from its chief witness was made public.’

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Daily Telegraph, 18th September 2016

Source: www.telegraph.co.uk

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Soldiers facing prosecution for Iraq drowning were cleared a decade ago after witnesses were shown to have lied – Daily Telegraph

Posted September 19th, 2016 in armed forces, homicide, Iraq, news, prosecutions, witnesses by tracey

‘Three servicemen who face being prosecuted for manslaughter over the death of an Iraqi teenager were cleared a decade ago, after it emerged that key witnesses had lied about the claims and were paid expenses in exchange for their testimony.’

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Daily Telegraph, 18th September 2016

Source: www.telegraph.co.uk

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Bar Council responds to the Joint Statement, Transforming our Justice System – The Bar Council

Posted September 16th, 2016 in barristers, consultations, courts, criminal justice, news, witnesses by tracey

‘Chairman of the Bar, Chantal-Aimée Doerries QC, commented on today’s Joint Statement from the Ministry of Justice, Lord Chief Justice and Senior President of Tribunals, Transforming our Justice System’

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The Bar Council, 15th September 2016

Source: www.barcouncil.org.uk

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Courts reform gives stronger protection for victims and witnesses – Ministry of Justice

‘Vulnerable victims and witnesses will no longer have to appear in court under new plans to roll out pre-trial evidence sessions.’

Full press release

Ministry of Justice, 15th September 2016

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

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Iraq abuse claims ‘often very poor’ says former DPP – Daily Telegraph

‘Alleged Iraq abuse claims brought against British troops by a leading human rights law firm have often been made up of poor, inaccurate information, a review by a former director of public prosecutions has said. Sir David Calvert-Smith said investigators tasked with wading through hundreds of alleged abuse claims had found key details such as names, dates and times were often wrong.’

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Full report

Daily Telegraph, 15th September 2016

Source: www.telegraph.co.uk

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Vulnerable witnesses to be spared court – BBC News

Posted September 15th, 2016 in children, cross-examination, news, pilot schemes, trials, video recordings, witnesses by tracey

‘Vulnerable victims and witnesses will be able to give their evidence before a trial starts, as part of planned court reforms in England and Wales.’

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BBC News, 15th September 2016

Source: www.bbc.co.uk

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Undertaking provided for witnesses in undercover policing inquiry – Attorney General’s Office

Posted September 8th, 2016 in inquiries, investigatory powers, police, press releases, prosecutions, witnesses by tracey

‘Individuals providing certain evidence to the Undercover Policing Inquiry can do so without fear of prosecution.’

Full press release

Attorney General’s Office, 6th September 2016

Source: www.gov.uk/ago

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‘Black box’ recorder used in liability trial defence – Law Society’s Gazette

Posted August 1st, 2016 in evidence, insurance, news, witnesses by Mark L

‘A telematics-based motor insurer has claimed a first after data from a “black box” recorder was successfully used in a defence at a collision liability trial.’

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Law Society’s Gazette, 1st August 2016

Source: www.lawgazette.co.uk

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Seen and heard? Children as witnesses in family proceedings – Family Law Week

‘Damian Stuart, Barrister, FOURTEEN, re-visits Baroness Hale’s seminal speech in Re W (Children) (Abuse: Oral Evidence) in the light of Lord Justice McFarlane’s recent judgment in Re E (A Child).’

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Family Law Week, 22nd July 2016

Source: www.familylawweek.co.uk

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Excluding a party from Court in fraudulent claims – Zenith PI Blog

Posted July 22nd, 2016 in fraud, insurance, news, road traffic, witnesses by sally

‘There is a common trend in County Courts up and down the country for witnesses to be excluded from the courtroom during the evidence of another witness and/or a party when there are allegations of fraud or collusion, commonly in relation to a road traffic accident. The pragmatic rationale for such an approach is quite clear- if witness X hears what the Claimant says in cross examination, X may tailor his or her evidence to be consistent with that of the Claimant in a bid to bolster the case.’

Full story

Zenith PI Blog, 22nd July 2016

Source: www.zenithpi.wordpress.com

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