USA successfully appeals Assange case – UK Human Rights Blog

Posted December 14th, 2021 in appeals, defence, extradition, news, suicide by tracey

‘In Government of the United States v Julian Assange [2021] EWHC 3313 (Admin), the High Court allowed the appeal of the United States of America against the ruling of Westminster Magistrates’ Court, thereby permitting the extradition of the WikiLeaks founder to the US where he faces criminal charges relating to the unlawful obtaining and publication of classified defence and national security materials.’

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UK Human Rights Blog, 13th December 2021

Source: ukhumanrightsblog.com

Afghanistan: Second email data breach by MoD uncovered – BBC News

Posted September 23rd, 2021 in Afghanistan, data protection, defence, electronic mail, government departments, news by tracey

‘A second data breach by the Ministry of Defence, potentially compromising the safety of Afghans who may be eligible to relocate to the UK, has been uncovered by the BBC.’

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BBC News, 23rd September 2021

Source: www.bbc.co.uk

Leigh Day exonerated after longest and most expensive disciplinary tribunal prosecution ever – Legal Futures

‘The longest and most expensive case brought in the history of the Solicitors Disciplinary Tribunal (SDT) has ended with high-profile claimant lawyer Martyn Day, two of his colleagues and his firm Leigh Day fully exonerated.’

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Legal Futures, 9th June 2017

Source: www.legalfutures.co.uk

Afghanistan blast scientist Lee Peters receives MoD payout – BBC News

‘A scientist who lost three fingers when a suspicious package exploded as he handled it has been compensated by the Ministry of Defence.’

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BBC News, 21st May 2017

Source: www.bbc.co.uk

Soldiers could be ‘shut out of justice’ under combat immunity plans – The Guardian

Posted February 14th, 2017 in armed forces, civil justice, compensation, complaints, defence, immunity, news, war by sally

‘Soldiers will be “shut out of justice” and military equipment failures will be covered up under plans to extend combat immunity and prevent military claims going to court, ministers have been warned.’

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The Guardian, 14th February 2017

Source: www.guardian.co.uk

Judgment in default—failure to file defence to counterclaim – Hardwicke Chambers

Posted August 25th, 2016 in default judgments, defence, mortgages, news by sally

‘The claimant lender, C, sought possession of residential property owned jointly by D1 and his partner D2 (the property) pursuant to a purported legal charge entered into by both the D1 and D2 (the charge). The charge secured D1’s liability to C arising under a guarantee whereby D1 had guaranteed the indebtedness of his company, “Ascot” to C.’

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Hardwicke Chambers, 3rd August 2016

Source: www.hardwicke.co.uk

Defence firms claimed £61m of ‘non-allowable’ costs, says watchdog – BBC News

Posted July 14th, 2016 in armed forces, contracting out, contracts, costs, defence, expenses, news by tracey

‘Defence companies have claimed £61m of expenditure from the taxpayer that was “potentially” not allowed under contract rules, a watchdog has said.’

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BBC News, 14th July 2016

Source: www.bbc.co.uk

CPS inspectors call for ‘culture change’ – Law Society’s Gazette

Posted February 23rd, 2016 in Crown Prosecution Service, defence, delay, magistrates, news, reports by sally

‘CPS lawyers have been criticised for failing to engage effectively with defence practitioners amid efforts to reduce delays in magistrates’ courts.’

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Law Society’s Gazette, 22nd February 2016

Source: www.lawgazette.co.uk

Defendants ‘venue shop’ for more lenient sentence – Law Society’s Gazette

Posted August 20th, 2015 in consultations, defence, magistrates, news, sentencing by sally

‘Magistrates should be trained to apply sentencing guidelines correctly to stop defendants ‘venue shopping’ for a more lenient sentence, the Law Society has said.’

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Law Society’s Gazette, 18th August 2015

Source: www.lawgazette.co.uk

Defence – Some personal reflections – Zenith PI Blog

Posted May 21st, 2015 in civil procedure rules, defence, news by sally

‘There is a striking difference between CPR part 16.4, which deals with the Particulars of Claim and 16.5, which deals with the defence. Whereas there is a clear instruction that the Particulars of Claim has to include only a concise statement of the facts on which the Claimant replies, there is no corresponding provision so far as the Defence is concerned.’

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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

Government not required to disclose full details of defence – UK Human Rights Blog

‘The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.’

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UK Human Rights Blog, 27th October 2014

Source: www.ukhumanrightsblog.com

Campaign group is ‘appalled’ after proposed case accusing defence companies of torture equipment marketing collapses – The Independent

‘State prosecutors were yesterday accused of “abject failure” to ensure two defence companies answer allegations of marketing torture equipment at the world’s largest arms fair in London after a private case against the firms collapsed.’

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The Independent, 10th July 2014

Source: www.independent.co.uk

A Practical Guide To POCA & Unused Material: A Defence Perspective – Six Pump Court

Posted January 29th, 2014 in confiscation, criminal procedure, defence, disclosure, news, prosecutions by sally

‘It is easy to forget or overlook the fact that the Criminal Procedure & Investigations Act 1996 applies equally to confiscation proceedings as it does to the substantive criminal proceedings that have resulted in the defendant being convicted in the first place (something that prosecutors do themselves on a regular basis and only appreciate its significance when the contents of their own website are brought to their attention, see “Chapter 21: Disclosure of Unused Material Created in the Course of Financial Investigations”).’

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Six Pump Court, 29th January 2014

Source: www.6pumpcourt.co.uk

Right to die: the issues before the Supreme Court – Halsbury’s Law Exchange

Posted January 21st, 2014 in assisted suicide, crime, defence, evidence, necessity, news, Supreme Court by sally

‘Tony Nicklinson lost his legal battle in 2012 for a judicial ruling that, were his wife to administer life-ending drugs to him at his express request, she would not be liable to prosecution for murder.’

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Halsbury’s Law Exchange, 20th January 2014

Source: www.halsburyslawexchange.co.uk

Complex fraud trial threatened as barristers decline work at reduced rate – The Guardian

Posted November 15th, 2013 in barristers, defence, fraud, legal aid, news, trials by tracey

“A complex fraud trial is threatened with collapse because barristers are refusing to take on defence work due to government cuts in legal aid. The case, involving eight defendants accused of what is known as a land bank fraud, is the first criminal proceeding affected by concerted action by advocates declining to accept work for significantly lower fees.”

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The Guardian, 14th November 2013

Source: www.guardian.co.uk

Criminal law – Law Society’s Gazette

Posted October 9th, 2013 in appeals, barristers, criminal justice, defence, incitement, judges, news, sentencing, terrorism by sally

“Defendants being charged with a number of terrorism-related offences – First defendant’s trial counsel’s conduct at trial being criticised by judge and prosecution counsel on numerous occasions during trial.”

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Law Society’s Gazette, 8th October 2013

Source: www.lawgazette.co.uk

Jeremy Forrest trial: No action to be taken against woman over perverting the course of justice claim – The Independent

“No further action will be taken against a woman who was suspected of trying to pervert the course of justice in connection with the case of jailed teacher Jeremy Forrest.”

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The Independent, 7th October 2013

Source: www.independent.co.uk

Lord Judge signs off with attack on ‘ambush’ advocate – Law Society’s Gazette

Posted October 2nd, 2013 in appeals, barristers, defence, judges, judgments, news, professional conduct, terrorism by tracey

“In his final court of appeal judgment as lord chief justice, Lord Judge has attacked the conduct of a defence advocate who likened the judge in a terrorist trial to a dishonest seller of worthless goods.”

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Law Society’s Gazette. 30th September 2013

Source: www.lawgazette.co.uk

Regina v Morris (Daryl) – WLR Daily

Posted April 19th, 2013 in appeals, crime, crime prevention, dangerous driving, defence, law reports by tracey

Regina v Morris (Daryl): [2013] WLR (D)  140

“Where a defendant raised the defence of using reasonable force in the prevention of crime, under section 3(1) of the Criminal Law Act 1967, it would be necessary for the jury to focus first on what the defendant honestly believed were the facts before using their conclusions as to that belief to go on to decide whether the defendant had reasonable grounds for suspecting an offence was being committed and whether the force he used to prevent that crime had been reasonable.”

WLR Daily, 16th April 2013

Source: www.iclr.co.uk

London 2012: Missile tower block tenants drop legal bid – BBC News

Posted July 11th, 2012 in defence, injunctions, news, sport, terrorism, weapons by tracey

“Residents of a tower block in east London where surface-to-air missiles are being stationed for the Olympics have dropped their legal case.”

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BBC News, 11th July 2012

Source: www.bbc.co.uk