An update on the law of infanticide: a review of cases over the past 20 years by the Cambridge Pro-Bono Project – Doughty Street Chambers

‘Under Section 1(1) of the Infanticide Act 1938 a woman may be charged with infanticide or raise it as a defence to murder under Section 1(2). It is a significant piece of legislation that can only be committed by a woman against her biological child which must be under 12 months old, and arises in circumstances where she is accused of causing the death of the infant by wilful act or omission at a time when the “the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child.”’

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Doughty Street Chambers, 11th October 2024

Source: insights.doughtystreet.co.uk

The silencing of climate protesters in English and Welsh courts – The Guardian

Posted March 21st, 2024 in climate change, consent, defences, demonstrations, news, podcasts, public order by sally

‘The court of appeal ruled on Monday that the “consent” defence could not be used in the cases of climate activists. Sandra Laville reports.’

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The Guardian, 21st March 2024

Source: www.theguardian.com

When Victims of Modern Slavery Became Offenders: The Unravelling of the UK’s Modern Slavery Agenda – Journal of Human Trafficking

Posted March 14th, 2024 in defences, duress, forced labour, news, trafficking in human beings, victims by sally

‘While victims of trafficking who commit crimes have a defense in law in England and Wales, this has not been without controversy in the courts and is increasingly threatened in practice as British government ministers heap suspicion on those formally seeking recognition as victims of modern slavery. In the first part of this article, we review recent criminal cases decided by the Court of Appeal in England and Wales to explore why it is that some victims of trafficking break the law. These cases reveal the impossible choices that constitute the nexus of circumstances that lead victims to offend. In the second part of this article, we examine the cases of three people convicted of modern slavery and allied immigration crimes that are excluded from the statutory defense in English and Welsh law to show how morally comprehensible the commission of serious crimes can be in the aftermath of exploitation, destitution and trauma. We conclude by urging academics and activists in the modern slavery field to be vocal about how few victims fit their stereotypes and to help articulate the irreconcilably difficult choices that explain why some break the law in immigration contexts that are overtly hostile toward them.’

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Jounal of Human Trafficking, 27th February 2024

Source: www.tandfonline.com

Removing UK climate protesters’ defence ‘could erode right to trial by jury’ – The Guardian

‘A UK government attempt to remove one of the last remaining defences for climate protesters would be a slippery slope to the erosion of the constitutional right to trial by jury, the court of appeal was told on Wednesday.’

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The Guardian, 21st February 2024

Source: www.theguardian.com

Husband who murdered wife and pensioner sentenced to life as judge dismisses ‘insanity’ defence – Daily Telegraph

Posted January 26th, 2021 in defences, domestic violence, drug abuse, insanity, murder, news, sentencing by sally

‘A man who murdered his wife and a pensioner during a “psychotic episode” has been jailed for life.’

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Daily Telegraph, 25th January 2021

Source: www.telegraph.co.uk

Stoffel & Co. v Grondona [2020] UKSC 42 – Hailsham Chambers

‘In Stoffel & Co. v Grondona, the Supreme Court considered the operation of the common law defence of illegality in the context of solicitors’ negligence for the first time since its seminal decision in Patel v Mirza [2017] AC 467. At the same time, the Court handed down judgment in a clinical negligence case: Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43.’

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Hailsham Chambers, 3rd November 2020

Source: www.hailshamchambers.com

Fraud does not oust negligence claim, Supreme Court rules – Law Society’s Gazette

Posted November 5th, 2020 in defences, fraud, illegality, mortgages, negligence, news, Supreme Court by tracey

‘Lawyers have stressed that the illegality principle in civil claims remains intact despite the Supreme Court finding in favour of a mortgage fraudster in a dispute with a law firm.’

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Law Society's Gazette, 4th November 2020

Source: www.lawgazette.co.uk

Johnny Depp case: What are the libel laws and how do they work? – BBC News

Posted July 28th, 2020 in defamation, defences, media, news by sally

‘After weeks of revelations and accusations in court about his personal relationships, actor Johnny Depp’s mammoth legal action against The Sun for libel is coming to an end – with a judgement expected at the end of the summer.’

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BBC News, 28th July 2020

Source: www.bbc.co.uk

Campaigners welcome decision to end ‘rough sex’ defence: ‘The criminal justice system has failed so many women’ – The Independent

Posted July 2nd, 2020 in consent, defences, homicide, news, prosecutions by tracey

‘Campaigners have welcomed the government’s decision to address the rising number of killers claiming women died during rough sex by ending the so-called “rough sex” defence.’

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The Independent, 1st July 2020

Source: www.independent.co.uk

New Judgment: Serafin v Malkiewicz & Ors [2020] UKSC 23 – UKSC Blog

‘Serafin had sued Malkiewicz & Ors for libel in respect of an article they had published about him in Nowy Czas, a newspaper addressing issues of interest to the Polish community in the UK. The Court of Appeal found that the conduct of the trial by Mr Justice Jay in the High Court had been unfair towards the claimant and allowed the claimant’s appeal. The defendants appealed against that finding to the Supreme Court. They also challenged the Court of Appeal’s analysis of the effect of the Defamation Act 2013, S4, which sets out “the public interest defence” to a defamation claim.’

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UKSC Blog, 3rd June 2020

Source: ukscblog.com

“Hostile” judge harassed litigant in person, Supreme Court rules – Litigation Futures

‘A High Court judge “harassed and intimidated” a litigant in person in ways which “surely would never have occurred if the claimant had been represented”, the Supreme Court has ruled.’

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Litigation Futures, 3rd June 2020

Source: www.litigationfutures.com

‘Rough sex’ defence led to over 60 victims having to deny giving consent, finds research – The Guardian

Posted June 4th, 2020 in assault, consent, defences, news, prosecutions, sexual offences, victims by sally

‘More than 60 victims have been forced to go to court over the past decade to deny that they consented to strangulation, assaults or violence, according to the campaign to end reliance on the “rough sex” defence.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Supreme court orders libel case retrial over judge’s ‘barrage of hostility’ – The Guardian

‘The supreme court has ordered the re-trial of a long-running libel case after finding that a high court judge, Mr Justice Jay, subjected the unrepresented claimant to a “barrage of hostility” and offensive language.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

An Option for Defendants Charged Under the Lockdown Regulations – Thomas More Chambers

Posted May 29th, 2020 in adjournment, coronavirus, defences, news, prosecutions by sally

‘The variety of criminal offences created as part of HM Government’s response to the current Covid-19 pandemic has caused a discomforting amount of confusion for individuals, police, criminal practitioners, and courts. This brief article makes the small suggestion that, in the very short term, criminal defence practitioners may wish to seek adjournments for any prosecutions under the Public Health (Coronavirus, Restrictions) (England) Regulations 2020 (“the Lockdown Regulations”) pending a judicial review of the lawfulness of the Regulations.’

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Thomas More Chambers, 18th May 2020

Source: www.thomasmore.co.uk

Why is the “illegality” defence back in the spotlight? – 4 New Square

Posted May 12th, 2020 in chambers articles, defences, illegality, news by sally

‘It is not uncommon for defendants to professional negligence claims to argue that the claimant should be barred from recovering damages because his or her cause of action is tarred by illegality. However, over recent years, the law has taken a variety of approaches to when illegality will provide a defence. With the issue about to come before the Supreme Court again, Helen Evans and Ian McDonald of 4 New Square explain.’

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4 New Square, 4th May 2020

Source: www.4newsquare.com

MPs to try to ban ‘rough sex’ murder defence in domestic abuse bill – The Guardian

Posted April 28th, 2020 in bills, defences, domestic violence, murder, news by sally

‘MPs are to try to outlaw the courtroom murder defence of “rough sex gone wrong” during parliamentary debates on the domestic abuse bill, as cases of domestic violence soar during the coronavirus lockdown.’

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The Guardian, 28th April 2020

Source: www.theguardian.com

Government considers law to curb use of ‘rough sex’ defence – The Guardian

Posted March 3rd, 2020 in bills, defences, domestic violence, homicide, news, sexual offences by sally

‘The government is examining what can be done to stop the use of the “rough sex” defence in courts to escape justice, officials have said, as a long-awaited domestic abuse bill finally returns to parliament.’

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The Guardian, 3rd March 2020

Source: www.theguardian.com

Rough sex murder defence: Why campaigners want it banned – BBC News

Posted January 23rd, 2020 in defences, murder, news by tracey

‘Campaigners say men are increasingly using the “rough sex” defence to try to get away with murdering women. They want the law changed to prevent such a defence and have the support of two MPs. But what difference would it make?’

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BBC News, 22nd January 2020

Source: www.bbc.co.uk

Is Speeding a Defence? Motorbikes and Contributory Negligence – Zenith PI Blog

Posted September 2nd, 2019 in contribution, defences, motorcycles, news, personal injuries by sally

‘In the majority of road traffic based personal injury claims, speed is often raised as an allegation of negligence. Witness statements abound with comments that the other driver ‘must’ve been speeding’ and even, my personal favourite, that ‘they sounded like they were speeding’. To what extent though does the speed of the other driver absolve the negligent driver? The High Court has considered this question in a recent case involving a motorcyclist, a side road and bank holiday driving.’

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Zenith PI Blog, 30th August 2019

Source: zenithpi.wordpress.com

High Court sets aside default judgment in £3m PI claim – Litigation Futures

Posted August 14th, 2019 in default judgments, defences, news, personal injuries, time limits by michael

‘The High Court has set aside judgment in default of defence in a £3m personal injury claim because, although the court was “unaware” of it, a defence had been served before the judgment.’

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Litigation Futures, 14th August 2019

Source: www.litigationfutures.com