Police will not launch criminal investigation into Martin Bashir’s interview with Princess Diana – The Independent

Posted March 5th, 2021 in BBC, deceit, documents, inquiries, media, news, police, professional conduct, royal family by tracey

‘The Metropolitan Police will take no further action over BBC journalist Martin Bashir’s controversial interview with Princess Diana in 1995.’

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The Independent, 4th March 2021

Source: www.independent.co.uk

Influencers told not to use ‘misleading’ beauty filters – BBC News

‘Filters should not be applied to social media adverts if they exaggerate the effect of the product, the Advertising Standards Authority has ruled.’

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BBC News, 3rd February 2021

Source: www.bbc.co.uk

SDT “wrong” to strike out prosecution of Law Society president – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) was wrong to throw out a private prosecution brought by a former client against the current president of the Law Society, the High Court has ruled.’

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Legal Futures, 13th January 2021

Source: www.legalfutures.co.uk

As a victim of undercover police spying, this inquiry has left me bruised, but buoyed – The Guardian

Posted November 25th, 2020 in deceit, demonstrations, inquiries, investigatory powers, news, police, victims by sally

‘Uncovering that my partner was ‘Mark Kennedy’ was traumatic, but there’s hope in being part of something bigger than myself.’

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The Guardian, 25th November 2020

Source: www.theguardian.com

Consent and fertility – 2 Hare Court

Posted November 17th, 2020 in consent, deceit, news, pregnancy, rape by sally

‘This judgment, handed down in July 2020, examines the limitations of the meaning of consent within s.74 Sexual Offences Act 2003. It held that a man’s lie about his fertility should not be deemed to be so closely connected to the nature or purpose of sexual intercourse that it is capable of negating consent.’

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2 Hare Court, 2nd November 2020

Source: www.2harecourt.com

Court of Appeal orders fresh welfare hearing over failure of judge to sufficiently examine risk of harm to children when making placement order – Local Government Lawyer

‘The Court of Appeal has ordered a fresh welfare hearing in a case where a Family Division judge decided that three children should be placed for adoption after he found, amongst other things, a major stumbling block to be the parents’ irrational and extreme over-reaction to the involvement of professionals in their lives and those of their children, most especially social workers.’

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Local Government Lawyer, 13th November 2020

Source: www.localgovernmentlawyer.co.uk

Protesters spied on by undercover officers call for ‘end to political policing’ as inquiry begins – The Independent

‘Undercover Policing Inquiry to begin more than five years after being announced by Theresa May.’

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The Independent, 1st November 2020

Source: www.independent.co.uk

Judge orders placement for adoption for three children amid extreme over-reaction of parents to involvement of professionals – Local Government Lawyer

Posted September 23rd, 2020 in adoption, care orders, children, deceit, families, judges, local government, news by sally

‘A High Court judge has ordered that three children be placed for adoption after calling their mother “the most egregious liar I have ever encountered”.’

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Local Government Lawyer, 21st September 2020

Source: www.localgovernmentlawyer.co.uk

PI solicitor struck off for “stupid” decision to forge client’s signature – Legal Futures

‘An experienced personal injury solicitor who forged his client’s signature on two court documents to progress her case “acted stupidly” and had to be struck off, a tribunal has decided.’

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Legal Futures, 28th August 2020

Source: www.legalfutures.co.uk

Claimant ordered to pay defence costs after fundamental dishonesty finding – Law Society’s Gazette

‘The High Court has reversed a costs order on appeal after a successful defendant had initially been forced to pay most of the losing claimant’s costs.’

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Law Society's Gazette, 1st August 2020

Source: www.lawgazette.co.uk

Does a lie about fertility negate consent? – Park Square Barristers

Posted July 30th, 2020 in consent, deceit, news, pregnancy, rape by sally

‘This article examines the recent Court of Appeal decision in R v Lawrence EWCA Crim 971. The Court had to determine whether a lie by the appellant as to his fertility could, in law, negate the consent given by the complainant.’

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Park Square Barristers, 23rd July 2020

Source: www.parksquarebarristers.co.uk

English judges rule lying about fertility to sexual partner is not rape – The Guardian

Posted July 24th, 2020 in appeals, consent, deceit, news, rape, sexual offences, statutory interpretation by sally

‘A convicted rapist could make a bid for early release after winning an appeal in which judges ruled that lying to a sexual partner about being infertile is not rape.’

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The Guardian, 23rd July 2020

Source: www.theguardian.com

‘Paedophile hunters’ do not violate right to privacy, Supreme Court rules as convict’s appeal dismissed – The Independent

Posted July 15th, 2020 in appeals, child abuse, deceit, internet, news, privacy, sexual offences, Supreme Court by tracey

‘”Paedophile hunters” do not violate the right to privacy, the Supreme Court has ruled while dismissing a convict’s appeal.
Mark Sutherland was convicted after communicating with a member of an activist group, who he believed to be a 13-year-old boy. He appealed his conviction, arguing that his right to a private life and correspondence, enshrined in Article 8 of the European Convention on Human Rights. Delivering the Supreme Court’s ruling on Wednesday, Lord Sales said the appeal had been “unanimously dismissed”.’

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The Independent, 15th July 2020

Source: www.independent.co.uk

Why we can’t tell if a witness is telling the truth – OUP Blog

Posted July 8th, 2020 in cross-examination, deceit, news, trials, witnesses by sally

‘Imagine that you are a juror in a trial in which the chief witness for the prosecution gives evidence about the alleged crime which is completely at odds with the evidence given by the accused. One of them is either very badly mistaken or lying. On what basis will you decide which one of them is telling the truth? And how sure can you be in your conclusion?’

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OUP Blog, 7th July 2020

Source: blog.oup.com

Solicitor amended form of authority not knowing client was dead – Legal Futures

Posted July 6th, 2020 in deceit, disciplinary procedures, documents, news, solicitors by sally

‘A solicitor who amended a client’s form of authority when he could not contact her and then sent it to her former employer – not knowing she had died – has been struck off for dishonesty.’

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Legal Futures, 6th July 2020

Source: www.legalfutures.co.uk

“Devious” litigant tried to mislead court over previous ruling – Litigation Futures

Posted June 29th, 2020 in deceit, documents, forgery, judgments, news, repossession by sally

‘A “devious” litigant produced an inaccurate transcript of an earlier judgment in the latest of a series of “forgeries” of court documents, a High Court judge has found.’

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Litigation Futures, 29th June 2020

Source: www.litigationfutures.com

Dishonesty? Ghosh, Ivey got a surprise for you! (R v Barton) – 5SAH

Posted June 5th, 2020 in appeals, chambers articles, criminal justice, deceit, news, Supreme Court by sally

‘The Court of Appeal affirmed in the case of R v Barton that the test for dishonesty to be used in criminal proceedings is that set out in obiter dicta by the Supreme Court in Ivey v Genting Casinos UK (t/a Cockfords Club), expressly overruling the two-stage test set out in R v Ghosh. Modifying (albeit to a limited extent) the principle of stare decisis, the court held that, in limited circumstances, where the Supreme Court directs, obiter dicta, that an otherwise binding decision of the Court of Appeal should no longer be followed and proposes an alternative test that it says must be adopted, the Court of Appeal is bound to follow that direction. The test in Ivey ensures dishonesty is objectively assessed by reference to society’s standards, rather than the defendant’s own understanding of what is dishonest. This resolves the problematic second limb of the Ghosh test.’

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5SAH, 18th May 2020

Source: www.5sah.co.uk

Supreme Court to rule on ‘paedophile hunters’ case – BBC News

‘A convicted paedophile who was snared by a vigilante group is to have his case examined at the UK Supreme Court.’

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BBC News, 3rd June 2020

Source: www.bbc.co.uk

Sentencing Sexual Cases with a Fake Victim – Broadway House Chambers

‘There has been something of an explosion in the number of sexual offences cases coming to the Crown Court where there is no actual victim. Offenders are caught by so-called paedophile hunters or police officers going online and posing as children.’

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Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

Clarification of the Test for Dishonesty in Criminal Law: R v David Barton and Rosemary Booth [2020] EWCA Crim 575 – Park Square Barristers

Posted May 12th, 2020 in contracts, deceit, gambling, news, Supreme Court by sally

‘In this landmark decision, a five – judge constitution of the Court of Appeal (Criminal Division), headed by the Lord Chief Justice of England and Wales, clarified that the test for dishonesty in criminal law is that set out by Lord Hughes in the Supreme Court authority of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67; [2018] AC 391. This test is to be preferred to the test of the Court of Appeal Criminal Division in R v Ghosh [1982] QB 1053.’

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Park Square Barristers, 30th April 2020

Source: www.parksquarebarristers.co.uk