Speech by Lord Neuberger, President of The Supreme Court
British Irish Commercial Bar Association Law Forum, 21st April 2016
‘The European Court of Human Rights (“ECtHR”) has held that the use of telephone recordings as evidence in a criminal trial, despite the inability of the accused to challenge the caller, did not violate his rights under Article 6, ECHR. This judgment follows a number of Grand Chamber judgments on similar issues that have altered the ECtHR’s stance on the subject of absent witness evidence.’
UK Human Rights Blog, 4th April 2016
‘A three-year multimillion-pound legal battle ended in victory for a London-based businessman, after a High Court judge dismissed the charges against him and launched a scathing attack on the President of Djibouti, Ismail Omar Guelleh.’
The Independent, 3rd March 2016
‘The CPR includes surprisingly demanding requirements, and draconian sanctions, in relation to Statements of Truth from witnesses whose English is so poor that they cannot read documents in English.
Here is a helpful summary of the rules, and what, in practice, you need to do to comply with them.’
Zenith PI Blog, 1st March 2016
Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland)  UKSC 6 (YouTube)
Supreme Court, 10th February 2016
‘Mark William Patrick MacLennan v Her Majesty’s Advocate,  HCJAC 128. The High Court has refused an appeal under Article 6 on the lack of effective cross-examination of child witness, but has provided interesting commentary on how such investigations could be better handled in future to meet Strasbourg standards.’
UK Human Rights Blog, 2nd February 2016
‘Richard Barraclough QC has written a commentary on a recent case in which he was Leading Counsel for one of the defendants.
The case involved serious sex/trafficking offences, including engaging an honourable and vulnerable girl in prostitution. The case was complex and involved the use of an intermediary. The issues raised in evidence (and the submission of no case) concerned the number and structure of ABE interviews, the use of pre ABE interviews and meetings, the extent to which a victim should be challenged in ABE interviews and the use of pre prepared witness statements where the victim refused to engage in the ABE process.
Reforms are now proposed in relation to the investigation and trial process in this type of case.
The commentary provided by Richard Barraclough QC gives a detailed analysis of the processes involved and the challenges in this type of case with such a vulnerable victim and where the process is so complex.’
6 Pump Court, 12th January 2016
‘Data protection arrangements should be reviewed in the modern world of social media and cybercrime, a specialist solicitor has said, after it emerged the Crown Prosecution Service delivered unencrypted DVDs to a film studio for 12 years.’
Law Society’s Gazette, 9th November 2015