High court rules in favour of rape victim who retracted accusation under duress – The Guardian

‘A domestic violence victim who was jailed for retracting an allegation of rape, which was actually true, will have her compensation increased after an appeal judge ruled she had been unfairly punished for failing to fully cooperate with police.’

Full story

The Guardian, 1st August 2016

Source: www.guardian.co.uk

Ian Watkins verdict: How did he coerce Woman A and Woman B? – Barristers’ Hub

Posted January 28th, 2014 in child abuse, duress, harassment, news by sally

‘Ian Watkins was sentenced to 35 years’ imprisonment for a series of child sex offences, including the attempted rape of a baby, on the 18th of December 2013. His co-defendants, known as Woman A and Woman B, also received lengthy custodial sentences: 14 years and 17 years respectively.’

Full story

Barristers’ Hub, 27th January 2014

Source: www.barristershub.co.uk

Defence of marital coercion used by Vicky Pryce to be abolished – The Guardian

‘The defence of marital coercion, unsuccessfully used by Chris Huhne’s former wife Vicky Pryce at her trial last year, is to be abolished.’

Full story

The Guardian, 17th January 2014

Source: www.guardian.co.uk

Philpott – why wasn’t it murder and when will he be free? – Halsbury’s Law Exchange

Posted April 9th, 2013 in arson, bad character, duress, evidence, homicide, news, sentencing by sally

“1.3 million people tuned into Channel 5 when the schedule was changed at 9pm on 3 April 2013 to show a documentary examining the high-profile Philpott story, featuring new material about the tragic event and subsequent trial.”

Full story

Halsbury’s Law Exchange, 8th April 2013

Source: www.halsburyslawexchange.co.uk

Duress and deprivation of citizenship – BBC Law in Action

Posted March 13th, 2013 in citizenship, duress, news by sally

“This week, Joshua Rozenberg investigates government powers to strip Britons of their citizenship.”

Listen

BBC Law in Action, 12th March 2013

Source: www.bbc.co.uk

The Vicky Pryce case highlights why ‘marital coercion’ should be thrown out – The Guardian

Posted March 7th, 2013 in bullying, defences, duress, harassment, married persons, news by sally

“The defence used by Chris Huhne’s ex-wife after she took his speeding points is not available to men or unmarried women.”

Full story

The Guardian, 7th March 2013

Source: www.guardian.co.uk

Can the Court Protect Vulnerable Adults who have Capacity? – Family Law Week

Posted September 28th, 2012 in duress, jurisdiction, local government, mental health, news by tracey

“Moira Sofaer, barrister and mediator, of Goldsmith Chambers, considers the protection afforded by the courts to vulnerable adults who are outside the ambit of the Mental Capacity Act 2005 in the light of the Court of Appeal’s judgment in DL.”

Full story

Family Law Week, 27th September 2012

Source: www.familylawweek.co.uk

A local authority and others v L – WLR Daily

Posted March 30th, 2012 in duress, elderly, injunctions, law reports, mental health, undue influence by tracey

A local authority and others v L: [2012] EWCA Civ 253;  [2012] WLR (D)  101

“The High Court’s inherent jurisdiction to protect vulnerable adults had survived the implementation of the Mental Capacity Act 2005. Thus the court could act where an adult’s capacity to make decisions for herself was overborne by circumstances such as undue influence or duress which were not covered by the Act.”

WLR Daily, 28th March 2012

Source: www.iclr.co.uk

Duress, abuse of process and erasing convictions: the questions raised in Regina v A – Halsbury’s Law Exchange

Posted March 20th, 2012 in abuse of process, appeals, duress, news, perverting the course of justice, rape by sally

“It seems remarkable that if a woman tells a lie when living in permanent fear of being attacked and stabbed she would probably be able to put forward the defence of duress (if that lie tended to pervert the course of justice), but it seems such a defence does not apply if the woman is living in fear of being raped.”

Full story

Halsbury’s Law Exchange, 19th March 2012

Source: www.halsburyslawexchange.co.uk

Woman jailed for withdrawing rape allegation appeals against conviction – The Guardian

“A woman who was jailed for falsely retracting an accusation of rape against her husband has appeared in court seeking to have her conviction quashed.”

Full story

The Guardian, 15th February 2012

Source: www.guardian.co.uk

Halpern and Another v Halpern and Others (No. 2) – Times Law Reports

Posted May 14th, 2007 in contracts, duress, law reports by sally

Counter-restitution not required

Halpern and Another v. Halpern and Others (No. 2) 

Court of Appeal

“It was not necessarily the case that a party wishing to obtain rescission of a contract on the ground of duress had to be able to provide counter-restitution. The Court of Appeal so stated, inter alia, when: (i) allowing an appeal by the defendants, Nochum Halpern, David Halpern, Bezalel Halpern, Akiva Halpern and Eshter Vaisfische, against a decision of Mr Justice Christopher Clarke in the commercial court ([2006] 2 All ER (Comm) 251) and (ii) allowing their appeal against a decision of Mr Nigel Teare, QC, sitting as a deputy Queen’s Bench Division judge ( The Times July 18, 2006; [2006] 3 WLR 946) on a preliminary issue whether rescission was available as a remedy for duress if substantial restitution could not be given.”

The Times, 14th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.