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.’

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Zenith PI Blog, 22nd July 2016

Source: www.zenithpi.wordpress.com

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Uncorroborated children’s allegations – procedure – Park Square Barristers

Posted July 12th, 2016 in appeals, child abuse, children, evidence, news, witnesses by sally

‘This article summarises a recent appeal against findings of fact made in the family court. It’s an interesting case as it serves to remind practitioners of the factors that should be taken into account in considering the investigation procedure when the court is dealing with uncorroborated children’s allegations. Will Tyler QC, a member of Park Square Barristers, acted for the appellant.’

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Park Square Barristers, 21st June 2016

Source: www.parksquarebarristers.co.uk

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They think they’ve got away: How to catch a historical sex offender – BBC News

‘Sex offenders think they’ll get away with it. And often they do. Sometimes it can take years to bring them to justice, while others escape retribution altogether. So how do you go about making sure perpetrators of horrendous crimes committed in the distant past are caught and convicted?’

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BBC News, 20th June 2016

Source: www.bbc.co.uk

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Judge suing Ministry of Justice says he has been denied a fair hearing – The Guardian

‘A judge facing a disciplinary hearing has complained he is being denied a fair hearing because he has been told he cannot be legally represented or call witnesses.’

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The Guardian, 7th June 2016

Source: www.guardian.co.uk

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McTear & Williams v Engelhard and Others [2016] EWCA Civ 487 – New Square Chambers

Posted June 2nd, 2016 in appeals, disclosure, news, retrials, witnesses by sally

‘In yet another case in which a first instance judge applied the principles laid down in Mitchell v News
Group Newspapers Ltd [2013] EWCA Civ 1537 wrongly and unjustly, the Court of Appeal has today
allowed the defendants’ appeal, set aside the judgment, and ordered a re-trial, writes Jonathan Lopian.’

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New Square Chambers, 24th May 2016

Source: www.newsquarechambers.co.uk

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Mau Mau lawsuit due to begin at high court – The Guardian

‘Compensation claims for torture, rape, wrongful detention and forced labour brought by 40,000 Kenyans who allege they were mistreated by British officials during the Mau Mau insurgency are due to be heard in the high court in London on Monday.’

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The Guardian, 22nd May 2016

Source: www.guardian.co.uk

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Ted Heath investigation to continue after probe into police misconduct finds no evidence of wrongdoing – The Independent

‘Police have vowed to continue their investigation into allegations of child sex abuse by the late Sir Edward Heath after several people responded to an appeal for information.’

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The Independent, 12th May 2016

Source: www.independent.co.uk

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Technology and the Law – Speech by Lord Neuberger

Posted April 26th, 2016 in courts, evidence, judges, news, privacy, speeches, trials, video recordings, witnesses by sally

Technology and the Law

Speech by Lord Neuberger, President of The Supreme Court

British Irish Commercial Bar Association Law Forum, 21st April 2016

Source: www.supremecourt.uk

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Upholding fundamental rights or ensuring accurate verdicts? The ECtHR and the use of unchallengeable witness evidence – UK Human Rights Blog

Posted April 5th, 2016 in courts, evidence, human rights, news, telecommunications, witnesses by sally

‘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.’

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UK Human Rights Blog, 4th April 2016

Source: www.ukhumanrightsblog.com

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High Court judge dismisses ‘capricious’ charges by Djibouti against London-based businessman – The Independent

Posted March 3rd, 2016 in corruption, costs, news, witnesses by sally

‘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.’

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The Independent, 3rd March 2016

Source: www.independent.co.uk

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Curbs on ‘shameless’ armed forces claims within weeks – Law Society’s Gazette

‘Measures to curb legal claims against members of the armed forces are likely to be introduced this month.’

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Law Society’s Gazette, 2nd March 2016

Source: www.lawgazette.co.uk

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Statements of Truth, Translation and Witnesses with Poor English – Zenith PI Blog

‘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.’

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Zenith PI Blog, 1st March 2016

Source: www.zenithpi.wordpress.com

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Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) – Supreme Court

Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) [2016] UKSC 6 (YouTube)

Supreme Court, 10th February 2016

Source: www.youtube.com/user/UKSupremeCourt

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What are ‘professional witnesses’ and why is there such high demand for their services? – The Independent

Posted February 16th, 2016 in expert witnesses, news, private investigators, witnesses by sally

‘Too many offences escape prosecution for want of anyone willing to give evidence. When the police can’t help, it’s time fpr a new approach…’

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The Independent, 15th February 2016

Source: www.independent.co.uk

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‘Steps of court’ settlement was not negligent, court rules – OUT-LAW.com

‘A barrister and firm of solicitors did not act negligently when they advised a client to settle her road traffic accident (RTA) claim after her main witness failed to attend court, the High Court has ruled.’

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OUT-LAW.com, 8th February 2016

Source: www.out-law.com

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The place where no-one is a witness – BBC News

Posted February 9th, 2016 in gangs, murder, news, witnesses by sally

‘In a busy pub a man is brutally murdered. The killer doesn’t feel the need to hide his face. What does the silence of witnesses mean for a community struggling with gang violence?’

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BBC News, 8th February 2016

Source: www.bbc.co.uk

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Examination of child witnesses not in violation of Article 6 – UK Human Rights Blog

Posted February 5th, 2016 in children, cross-examination, human rights, news, witnesses by tracey

‘Mark William Patrick MacLennan v Her Majesty’s Advocate, [2015] 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.’

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UK Human Rights Blog, 2nd February 2016

Source: www.ukhumanrightsblog.com

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Lord Bramall’s reputation trashed because of the Met’s ‘inept’ investigation – Daily Telegraph

Posted February 5th, 2016 in child abuse, delay, news, police, police interviews, sexual offences, witnesses by tracey

‘Operation Midland is dismissed as “inept” after it emerges that the Metropolitan police took almost a year to interview key witnesses.’

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Daily Telegraph, 4th February 2016

Source: www.telegraph.co.uk

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Lord Bramall inquiry: How did police obtain search warrant for ‘PR exercise’, asks retired judge – Daily Telegraph

Posted January 25th, 2016 in child abuse, evidence, inquiries, judges, news, police, warrants, wasting police time, witnesses by sally

‘Exclusive: Metropolitan Police’s handling of aborted child sex abuse case challenged as key abuse witness reveals police informant “stole” details.’

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Daily Telegraph, 24th January 2016

Source: www.telegraph.co.uk

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