“Gordon Exall discusses the use of opinion evidence in witness statements. Looking, in particular, at two recent decisions which discuss opinion evidence.”
Full story (PDF)
Zenith Chambers, 6th June 2013
Source: www.zenithchambers.co.uk
In re Joseph Hill & Co, Solicitors [2013] EWCA Crim 775 ; [2013] WLR (D) 210
“There was a statutory obligation on the defence to give notice to the prosecution of the name, address and date of birth of any witness whom the defendant believed was able to give evidence in support of his alibi. If there was a practice of advising that the names and addresses of alibi witnesses should not be disclosed unless and until they had provided signed proofs of evidence, that practice was misguided and wrong.”
WLR Daily, 21st May 2013
Source: www.iclr.co.uk
“Barristers and campaigners call for pre-recorded court interviews as girl who faced aggressive cross-examination aged nine says she has never recovered from her ordeal.”
The Independent, 24th May 2013
Source: www.independent.co.uk
In re ITN News and others [2013] EWCA Crim 773; [2013] WLR (D) 187
“The Court of Appeal (Criminal Division) had jurisdiction under section 159 of the Criminal Justice Act 1988 to entertain an appeal against an order under section 46 of the Youth Justice and Criminal Evidence Act 1999 prohibiting the reporting of any matter relating to a witness, even where the court was not otherwise concerned with any proceedings between the defendant at trial and the Crown or any issue arising from it.”
WLR Daily, 21st May 2013
Source: www.iclr.co.uk
“The Commercial Court has ruled that Pakistani international bowler, Danish Kaneria’s appeal proceedings against his life time ban for involvement in spot-fixing under the ECB’s Disciplinary Regulations are an “arbitration” for the purposes of the Arbitration Act 1996. The decision is a momentous one for sports’ lawyers and governing bodies, not least in terms of the Court’s supervisory role over sporting bodies’ disciplinary procedures and the ability to rely on a Court to entertain appeals from, and make ancillary orders in support of, those processes.”
Sports Law Bulletin from Blackstone Chambers, 13th May 2013
Source: www.sportslawbulletin.org
“Inquiry expected to look at the restraint techniques authorised by G4S as well as the UK Border Agency.”
The Independent, 14th May 2013
Source: www.independent.co.uk
JD Wetherspoon plc v Harris and others: [2013] EWHC 1088 (Ch); [2013] WLR (D) 159
“It was not appropriate to apply for summary judgment after the exchange of witness statements in proceedings alleging fraud and dishonesty where the applications were based on a particular interpretation of facts and on the inferences to be drawn from established facts. Paragraphs in a witness statement containing a recitation of facts based on documents, commentary on those documents, argument, submissions and expressions of opinion, made by a witness who had had no prior involvement with the subject matter of the proceedings were abusive and should be struck out.”
WLR Daily, 1st May 2013
Source: www.iclr.co.uk
“Given the prevalence of CCTV cameras, it is perhaps of little surprise that recognition evidence is on the rise. This article will consider the relevant authorities, the ACPO Guidelines and PACE Code D, which together govern this form of evidence. Put simply, recognition evidence is the assertion by a police officer that they know an individual captured by CCTV, or still images, in the commission of an offence. This kind of evidence is potentially very dangerous, and, as such is only right that its use should be rigorously scrutinised and subject to strict regulation. This issue is common to a great many cases, but can be illustrated by the following example.”
One Inner Temple Lane, 23rd April 2013
Source: www.1itl.com
“Frances Andrade’s experience in the witness box left her feeling violated. Within days she had killed herself. Is it time we changed the way we prosecute sexual assault?”
The Guardian, 13th April 2013
Source: www.guardian.co.uk
“The Bar Council, which represents barristers in England and Wales, has today published a discussion document on ‘Reforming civil litigation’, which reflects the recommendations of a Working Group including the chairs of the Chancery Bar Association, Commercial Bar Association and the Technology and Construction Bar Association.”
The Bar Council, 25th March 2013
Source: www.barcouncil.org.uk
“The involvement of solicitors and barristers in crafting witness statements in big-ticket litigation has neutered the current regime and it should be replaced by a system of witness summaries and live evidence-in-chief, a Bar Council working party has recommended.”
Litigation Futures, 26th March 2013
Source: www.litigationfutures.co.uk
“Helen Reece argues lack of independent witnesses is main cause of conviction rate which is similar to that of other crimes.”
The Guardian, 25th March 2013
Source: www.guardian.co.uk
Half a Century of Change: The Evidence of Child Victims (PDF)
Speech by The Right Honourable the Lord Judge, Lord Chief Justice of England and Wales
Toulmin Lecture in Law and Psychiatry, 20th March 2013
Source: www.judiciary.gov.uk
“Research should be carried out into the long-term affects on those who give evidence about sexual abuse when they are a child, the lord chief justice, Lord Judge, has urged.”
The Guardian, 20th March 2013
Source: www.guardian.co.uk
Taylor (Bonnett) v The Queen: [2013] UKPC 8; [2013] WLR (D) 104
“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
“The requirement to inform the Crown Court immediately of a prosecutor’s intention to appeal against a preliminary ruling arose when the ruling was formally given and not on earlier communication by e-mail of the conclusion which the trial judge had reached.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
“One of Britain’s most senior police officers has accused defence lawyers of ‘exploiting’ the weakness of sex abuse victims making prosecutors reluctant to bring cases to court.”
The Independent, 12th March 2013
Source: www.independent.co.uk
“In his monthly column, James Bickford Smith considers two judgments that illustrate the hazards of the commoditised litigation that will be transformed, for better or worse, by the Jackson reforms.”
Full story (PDF)
Littleton Chambers, 6th March 2013
Source: www.littletonchambers.com
“Gordon Exall considers the practical issues that arise from the principle that a court can draw adverse inferences from a party’s failure to adduce evidence on an issue.”
Full story (PDF)
Zenith Chambers, 12th February 2013
Source: www.zenithchambers.co.uk
Regina v Dizaei [2013] EWCA Crim 88; [2013] WLR (D) 64
“When a court was assessing the probative value of the evidence of bad character of a witness in criminal proceedings, in accordance with the provisions of section 100 of the Criminal Justice Act 2003, among the factors relevant to the admissibility judgment, the court should consider whether the admission of such evidence might make it difficult for the jury to understand the remainder of the evidence, and whether its understanding of the case as a whole might be diminished. If the conclusion was that the evidence was not of substantial probative value in establishing propensity or lack of creditworthiness of the witness, or that the evidence was not of substantial importance in the context of the case as a whole, or both, the preconditions to admissibility would not established.”
WLR Daily, 14th February 2013
Source: www.iclr.co.uk
