Master urges APIL and FOIL to agree recordings protocol – Litigation Futures

‘A High Court master has urged the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers to agree a protocol to govern the recording of medico-legal examinations.’

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Litigation Futures, 15th October 2019


Cheryl Grimmer case won’t go ahead as police interview ruled inadmissible – The Guardian

‘The trial of a man accused of murdering UK-born toddler Cheryl Grimmer almost 50 years ago will not go ahead, after a judge ruled his 1971 police interview was not admissible.’

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The Guardian, 15th February 2019


Confidentiality, Costs and Mediation – Garden Court Chambers

‘That mediation proceedings are confidential is taken as axiomatic. What is said and done in the course of a mediation remains there. The same goes for documents of whatever kind, and their contents, created for the purposes of the mediation. In the above case Master Howarth appears to have qualified these propositions to some extent.’

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Garden Court Chambers, 31st January 2017


Sexual history evidence: fair game? – Counsel

Posted December 9th, 2016 in admissibility, consent, evidence, interpretation, news, rape, retrials by sally

‘Ali Naseem Bajwa QC and Eva Niculiu examine the issues raised by use of the complainant’s sexual history in the Ched Evans rape retrial.’

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Counsel, December 2016


The Taxonomy of Evidence: Experts, Facts, Opinions and the Courts by Grahame Anderson – Littleton Chambers

Posted December 1st, 2016 in admissibility, evidence, expert witnesses, news, opinions by sally

‘In Darby Properties Limited and another v Lloyds Bank plc, Master Matthews has given judgment in a case concerning the admissibility of expert evidence in an interest rates hedging products case.’

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Littleton Chambers, 24th November 2016


Supreme Court gives guidance on the admissibility and use of expert evidence – Cloisters

‘Rachel Barrett discusses Kennedy v Cordia (Services) LLP, in which the Supreme Court has given detailed and practical guidance on the admissibility and use of expert evidence in the course of a judgment concerning the remit of employers’ duties to take care for their employees’ safety at work.’

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Cloisters, 10th February 2016


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


Regina v Bhatti – WLR Daily

Posted August 4th, 2015 in admissibility, appeals, consumer credit, crime, evidence, law reports by sally

Regina v Bhatti [2015] EWCA Crim 1305; [2015] WLR (D) 346

‘Where the police obtained financial information from a credit ratings agency in reliance on section 29(1) of the Data Protection Act 1998, such information having been obtained by the agency from customers who had expressly agreed in their credit applications and agreements that their data might be shared for the purpose of crime detection, prevention and prosecution, the procedural requirements of Schedule 1 to the Police and Criminal Evidence Act 1984 were not bypassed and the information was lawfully obtained, so that it was not precluded from admissibility in criminal proceedings.’

WLR Daily, 30th July 2015


Are Covert Recordings Admissible? – No. 5 Chambers

‘Charles Crow reviews recent decisions in relation to covert recordings by employees and the implications for Tribunals and employers.’

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No. 5 Chambers, 12th January 2015


Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 3) – WLR Daily

Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 3) [2014] EWCA Civ 708; [2014] WLR (D)  237

‘A leaked diplomatic cable published on the internet by a third party did not violate the archive and documents of the diplomatic mission which sent the cable since it had already been disclosed to the world by a third party. On that narrow ground it was admissible as evidence in court. However, even if the evidence in question had been admitted, it would not have led to a different decision and therefore was not a ground for allowing the appeal.’

WLR Daily, 23rd May 2014


MN (Somalia) v Secretary of State for the Home Department; KY (Somalia) v Same – WLR Daily

MN (Somalia) v Secretary of State for the Home Department; KY (Somalia) v Same [2014] UKSC 30;  [2014] WLR (D)  227

‘A tribunal conducting asylum proceedings could admit, as expert evidence, a report by an organisation based on a telephone interview with an asylum claimant in which its analysts commented on the likelihood of that person originating from his claimed place of origin, based on the person’s dialect and answers to questions about the area in question, even though the report was in the name of the organisation rather than an individual and those contributing to it were identified only by serial numbers. However it was necessary for the tribunal in each particular case to be satisfied that the anonymity was necessary, with safeguards for the claimant in place, and that the authors of the report had demonstrated that they had relevant expertise for each matter on which they had commented.’

WLR Daily, 21st May 2014


Chagossians: Wikileaked cable admissible after all – UK Human Rights Blog

‘Rosalind English has summarised this unsuccessful appeal against the rejection of the Chagossians’ claims by the Divisional Court, and I have posted on this litigation arising out of the removal and subsequent exclusion of the population from the Chagos Archipelago in the British Indian Ocean Territory.’

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UK Human Rights Blog, 26th May 2014


Inuit Tapiriit Kanatami and others v European Parliament, Commission of the European Union and another intervening – WLR Daily

Inuit Tapiriit Kanatami and others v European Parliament, Commission of the European Union and another intervening (Case C-583/11P); [2013] WLR (D) 370

“An action for annulment of a ‘regulatory act’ within the meaning of the fourth paragraph of article 263FEU of the FEU Treaty was available to an individual with a direct concern in an act of general application which was not a legislative act.”

WLR Daily, 3rd October 2013


Generics (UK) Ltd (trading as Mylan) v Yeda Research and Development Co Ltd and another (No 2) – WLR Daily

Posted August 1st, 2013 in admissibility, appeals, evidence, law reports, patents by sally

Generics (UK) Ltd (trading as Mylan) v Yeda Research and Development Co Ltd and another (No 2)
[2013] EWCA Civ 925; [2013] WLR (D) 316

“Where a patent specification made a technical effect “plausible” it was open to a party to mount a challenge to the existence of that effect by the use of later evidence. There was no principled objection to the admission of evidence as to the true nature of the advance made by the invention in connection with an objection of lack of inventive step.”

WLR Daily, 29th July 2013


Fenty and others v Arcadia Group Brands Ltd (trading as Topshop) and another – WLR Daily

Fenty and others v Arcadia Group Brands Ltd (trading as Topshop) and another [2013] EWHC 1945 (Ch); [2013] WLR (D) 310

“Evidence in a trade mark and passing off case of the factual circumstances of a trade by a person in that trade, even when they deployed their experience in that trade to bolster their evidence, was not necessarily expert evidence within the meaning of CPR Pt 35.”

WLR Daily, 5th July 2013


Do I Want Your Opinion: the use of opinion evidence in law witness statements – Zenith Chambers

Posted June 10th, 2013 in admissibility, evidence, news, witnesses by sally

“Gordon Exall discusses the use of opinion evidence in witness statements. Looking, in particular, at two recent decisions which discuss opinion evidence.”

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Zenith Chambers, 6th June 2013


Surveillance: RIPA and the Communications Data Bill – Panopticon

“The Communications Data Bill, shelved amid political heavy weather, is back on the agenda in the wake of last week’s Woolwich murder. Today for example, Conservative MP and former policing minister Nick Herbert wrote an article in The Times in support of the Bill and responding to those who have called it a ‘snooper’s charter’.”

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Panopticon, 29th May 2013


Public Prosecution Service (Respondent) v McKee (Appellant) – Supreme Court

Public Prosecution Service (Respondent) v McKee (Appellant) [2013] UKSC 32 | UKSC 2012/0007 (YouTube)

Supreme Court, 22nd May 2013


JD Wetherspoon plc v Harris and others – WLR Daily

Posted May 3rd, 2013 in admissibility, evidence, law reports, summary judgments, witnesses by tracey

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


Covert recordings may be admissible in Employment Tribunals – Technology Law Update

Posted March 19th, 2013 in admissibility, employment tribunals, evidence, news, video recordings by tracey

“As technology becomes more sophisticated, so do the challenges faced by employers.  A seemingly common query relates to the legality of covert recordings made by employees of face to face meetings with managers or colleagues on smart phones or tablets.”

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Technology Law Update, 15th March 2013