Ignorance is no defence on Twitter and Facebook, warn legal experts – Daily Telegraph

Posted November 6th, 2012 in defamation, defences, internet, malicious communications, news, publishing by sally

“Media lawyers Niri Shan and Lorna Caddy explain why commenting on Twitter and Facebook is no longer the same as a chat down the pub.”

Full story

Daily Telegraph, 5th November 2012

Source: www.telegraph.co.uk

Beginner’s Guide to the Ban on Age Discrimination in Goods and Services – Cloisters

Posted October 9th, 2012 in age discrimination, defences, EC law, legislation, news by sally

“From 1 October, the government will bring into force the provisions within the Equality Act 2010 (EA 2010) which prohibit age discrimination in the field of goods and services by virtue of the Equality Act 2010 (Commencement No 9) Order 2012. This means that commercial, charitable and public sector organisations will be required to eliminate unequal treatment on the grounds of age in respect of the provision of goods and services.”

Full story (PDF)

Cloisters, 11th September 2012

Source: www.cloisters.com

“No precedent? Then set one!” – Nicklinson right to die case – UK Human Rights Blog

Posted August 21st, 2012 in assisted suicide, defences, euthanasia, human rights, murder, news, precedent by sally

“This is Richard Dawkin’s battle cry in response to the recent High Court rejection of the challenge by locked-in sufferers to the murder and manslaughter laws in this country that have condemned them to an unknowable future of suffering.”

Full story

UK Human Rights Blog, 20th August 2012

Source: www.ukhumanrightsblog.com

Insanity and Automatism – Law Commission

Posted July 18th, 2012 in automatism, consultations, defences, insanity, mental health, press releases by tracey

“The Defences of Insanity and Automatism – Law Commissioner Professor David Ormerod says, ‘To produce meaningful reform proposals and be confident they will work in practice we need evidence of their current use and any problems they pose.  Our scoping paper asks questions to provide that information.’ ”

Full press release

Law Commission, 18th July 2012

Source: www.lawcommission.justice.gov.uk

Man with locked-in syndrome calls for change to murder law – The Guardian

Posted June 19th, 2012 in assisted suicide, defences, euthanasia, murder, news by sally

“A a 58-year-old victim of locked-in syndrome has told the high court that a decision not to allow him to be helped to die would condemn him “to a ‘life’ of increasing misery”.”

Full story

The Guardian, 19th June 2012

Source: www.guardian.co.uk

‘Hundreds’ of miscarriage of justice claims over legal advice failings – Law Society’s Gazette

Posted June 14th, 2012 in defences, immigration, miscarriage of justice, news, passports by sally

“Hundreds of asylum seekers and refugees convicted of immigration-related offences such as failure to produce a passport may have been the victims of miscarriages of justice, the Gazette can reveal.”

Full story

Law Society’s Gazette, 14th June 2012

Source: www.lawgazette.co.uk

Breivik – insanity as a defence – Halsbury’s Law Exchange

Posted April 19th, 2012 in criminal responsibility, defences, insanity, news by tracey

“Anders Behring Breivik knew what he was doing, and he knew it was wrong. Claiming insanity is not enough to protect a person from the consequences of his own evil acts. Alternatively, he must be mad. His killing spree was so shocking and so utterly at odds with normality as to be sufficient evidence of insanity in its own right. Res ipsa loquitur. And there you have it – the whole point of the argument about ‘criminal insanity’, which has been running for centuries.”

Full story

Halsbury’s Law Exchange, 18th April 2012

Source: www.halsburyslawexchange.co.uk

Clarification of the ‘public interest’ defence is badly needed – The Guardian

Posted April 10th, 2012 in defences, electronic mail, interception, media, news, privacy, public interest by sally

“Sky News’s decision to approve the hacking of emails belonging to John Darwin, the once-missing, presumed-dead ‘canoe man’, can be argued to be one of those finely balanced editorial decisions. The public interest argument runs fairly straightforwardly, after all. Darwin pleaded guilty to deception in March 2008 – you will recall he went out to sea in a canoe and somehow paddled his way from the north-east to the Panama canal, suggesting he was not so dead after all. But his wife, Anne, was going to trial – a life insurance policy had been cashed in by her – and it was at that point Sky’s journalist, Gerard Tubb, was given the green light to try to access John Darwin’s email communications. As he did so, he uncovered information that made it clear that Anne Darwin was in on the plot, and having shared this with Cleveland police, the broadcaster believes it helped secure her conviction and produced a very detailed post-conviction backgrounder.”

Full story

The Guardian, 8th April 2012

Source: www.guardian.co.uk

The game changed back: Barr v. Biffa reversed – UK Human Rights Blog

Posted March 20th, 2012 in appeals, defences, negligence, news, nuisance, waste by sally

“For the last year or so, the law of nuisance has been in a state of flux pending this appeal. In this case about an odorous landfill, Coulson J had ruled that compliance with the waste permit amounted to a defence to a claim in nuisance, and that a claimant had to prove negligence in the operation of the landfill before he could claim in nuisance. The Court of Appeal has today reversed this decision.”

Full story

UK Human Rights Blog, 19th March 2012

Source: www.ukhumanrightsblog.com

Regina v Dowds – WLR Daily

Posted February 24th, 2012 in alcohol abuse, defences, diminished responsibility, homicide, law reports by tracey

Regina v Dowds: [2012] EWCA Crim 281;  [2012] WLR (D)  43

“The reformulation of the statutory conditions for diminished responsibility was not intended to reverse the well established rule that voluntary acute intoxication was incapable of being relied on to found diminished responsibility and the presence of a recognised medical condition, although necessary, was not always a sufficient condition to raise the issue of diminished responsibility.”

WLR Daily, 22nd February 2012

Source: www.iclr.co.uk

London riot sentences ‘absolutely right’ – The Guardian

Posted January 30th, 2012 in defences, news, sentencing, violent disorder by sally

“One of the country’s leading prosecutors has defended the stiff sentences handed out to hundreds of rioters in London last summer and derided the excuses given by some of them in court.”

Full story

The Guardian, 30th January 2012

Source: www.guardian.co.uk

Objections to right-to-die plea – BBC News

Posted January 24th, 2012 in assisted suicide, defences, doctors, euthanasia, news by sally

“The court case of a severely disabled man seeking permission for a doctor to ‘lawfully’ end his life should not go ahead, the Ministry of Justice says.”

Full story

BBC News, 23rd January 2012

Source: www.bbc.co.uk

Crimes of passion: R v Clinton – Halsbury’s Law Exchange

Posted January 24th, 2012 in defences, interpretation, murder, news, provocation by sally

“Contrary to press reports last week, there is no defence to murder in England and Wales that the killing was a crime of passion.”

Full story

Halsbury’s Law Exchange, 23rd January 2012

Source: www.halsburyslawexchange.co.uk

‘Infidelity plus’ – the new defence against murder – The Guardian

Posted January 23rd, 2012 in defences, murder, news by sally

“A partner’s affair can no longer be treated by courts as a defensible reason to lose control and kill – but it can be a factor.”

Full story

The Guardian, 23rd January 2012

Source: www.guardian.co.uk

Regina v Clinton; Regina v Parker; Regina v Evans – WLR Daily

Posted January 19th, 2012 in appeals, defences, evidence, law reports, provocation by sally

Regina v Clinton; Regina v Parker; Regina v Evans [2011] EWCA Crim 2; [2012] WLR (D) 2

“For the purposes of the partial defence to murder of loss of self-control, where such loss of self-control was triggered by sexual infidelity that could not, on its own, qualify as a trigger for the purposes of the defence. Nevertheless, where an admissible trigger might be present, the evidence relating to sexual infidelity might arise for consideration as part of the context in which to evaluate that trigger and whether the statutory ingredients required of the qualifying trigger might be established.”

WLR Daily, 17th January 2012

Source: www.iclr.co.uk

Jon-Jaques Clinton’s wife murder conviction quashed – BBC News

Posted January 17th, 2012 in appeals, defences, evidence, murder, news, retrials by sally

“A 45-year-old man jailed for murdering his wife after she left him and found a new man has had his conviction quashed.”

Full story

BBC News, 17th January 2012

Source: www.bbc.co.uk

Delaney v Pickett and another – WLR Daily

Posted January 5th, 2012 in appeals, defences, drug abuse, ex turpi causa, law reports, negligence, news, road traffic by tracey

Delaney v Pickett and another; [2011] EWCA Civ 1532;  [2011] WLR (D)  390

“In looking to the possible application of the defence of ‘ex turpi’ in a claim of negligence arising out of a road traffic accident it could be crucial to ask whether the injury in issue was truly a consequence of the claimant’s unlawful act or whether it was a consequence of the unlawful act only in the sense that it would not have happened if the claimant had not been committing an unlawful act. In other words, could one say that, although the damage would not have happened but for the tortious conduct of the defendant, it was caused by the criminal act of the claimant; or was the position, rather, that, although the damage would not have happened without the criminal act of the claimant, it was caused by the tortious act of the defendant ?.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Policy, possession and proportionality – Nearly Legal – UK Human Rights Blog

Posted January 3rd, 2012 in appeals, defences, housing, news, proportionality, repossession by tracey

“This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from a possession order made by a District Judge at Bromley. At issue was whether the District Judge was wrong to reject a) a proportionality defence and b) a gateway B public law defence arising from Lewisham’s failure to follow its own policy. It is interesting as an example of proportionality/gateway B defences in action in the County Court, but also somewhat frustrating, for reasons which will become clear.”

Full story

UK Human Rights Blog, 1st January 2012

Source: www.ukhumanrightsblog.com


Ferdinand v MGN – a “Kiss n’ Tell” public interest defence succeeds – Lorna Skinner – UK Human Rights Blog

“In the first ‘misuse of private information’ trial against a newspaper since Max Mosley in 2008, Mr Justice Nicol dismissed a claim brought by England and Manchester United footballer Rio Ferdinand against the Sunday Mirror.”

Full story

UK Human Rights Blog, 2nd October 2011

Source: www.ukhumanrightsblog.com

Regina v Unah – WLR Daily

Posted July 14th, 2011 in defences, law reports, possession of false identity documents by tracey

Regina v Unah [2011] WLR (D)  225

“Where a defendant sought to rely on the defence of ‘reasonable excuse’ for the purposes of the offence of possessing a false identity document, contrary to section 25(5) of the Identity Cards Act 2006, the fact that the defendant did not know or believe that the document was false was not of itself a reasonable excuse. However, a defendant was entitled to ask the jury to consider objectively whether he had a reasonable excuse for possessing the material, and the fact that he did not know or believe that it was a false document, because of the circumstances in which it had been obtained, might well have a bearing on that question.”

WLR Daily, 12th July 2011

Source: www.iclr.co.uk