Having the last word in financial remedies – Becket Chambers

Posted February 6th, 2020 in divorce, evidence, financial provision, housing, news by sally

‘The recent case of AR v ML [2019] EWFC 56 is a cautionary tale against adducing further evidence at a late stage in an attempt to have the last say within financial remedy proceedings.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Achieving Best Evidence in Family Cases involving allegations of sexual abuse – Pallant Chambers

Posted January 30th, 2020 in child abuse, evidence, family courts, news, witnesses by sally

‘A judgment was released earlier this week in the recent case EF, GH, IJ (care proceedings) [2019] EWFC which has highlighted a continuing failure of ABE interviewers failing to adhere to the guidance. It’s no surprise that extra care needs to be taken when conducting an interview with a child, after all Children are often poor historians, and many are suggestible: Re B (Allegation of Sexual Abuse: Child’s Evidence) [2006] 2 FLR 1071.’

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Pallant Chambers, 27th January 2020

Source: www.pallantchambers.co.uk

Grenfell Tower fire: Firms want immunity over evidence – BBC News

Posted January 30th, 2020 in evidence, fire, health & safety, immunity, inquiries, news, prosecutions by tracey

‘Firms involved in the refurbishment of Grenfell Tower have asked the public inquiry into the fire for a guarantee that anything they say in the hearings will not be used for any prosecution.’

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BBC News, 29th January 2020

Source: www.bbc.co.uk

Rent Repayment Orders, criminal standard, and new evidence on appeal – Nearly Legal

Posted January 20th, 2020 in appeals, evidence, housing, landlord & tenant, licensing, news, rent, tribunals by sally

‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’

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Nearly Legal, 19th January 2020

Source: nearlylegal.co.uk

One appeal, Two Bakers and Three tries at a fact finding – Transparency Project

Posted January 16th, 2020 in appeals, child abuse, evidence, news, sexual offences by sally

‘In D (Fact-finding appeal) [2019] EWCA Civ 2302 (20 December 2019) Lord Justice Baker gives the lead judgment concerning an appeal from His Honour Judge Baker. The upshot is that, the question of the child’s injuries having been the subject of two attempts at fact finding by His Honour Judge Baker (one a re-hearing in light of fresh evidence), the matter will now have to go back to a fresh judge for a third try. The little girl at the heart of the case is now 5 years old, her injuries were sustained two years ago and, as a consequence of the need to restart the fact finding process, her future will likely remain undecided for some months yet. She has been in foster care for 2 years, as has her brother who is briefly mentioned in the judgment.’

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Transparency Project, 15th January 2020

Source: www.transparencyproject.org.uk

Police reject judge’s call to apologise over wrongful conviction – The Guardian

Posted January 13th, 2020 in appeals, deceit, evidence, judges, miscarriage of justice, news, police, professional conduct by tracey

‘Police have refused to apologise to a man wrongly jailed for 25 years because officers lied at his trial, even after the now-retired appeal court judge who quashed the conviction told the Guardian that the force should say sorry.’

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The Guardian, 13th January 2020

Source: www.theguardian.com

Children: Public Law Update – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.’

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Family Law Week, 9th January 2020

Source: www.familylawweek.co.uk

Finding of Fundamental Dishonesty Against Claimant and Defendant Driver (Wise v Hegarty and Alpha Insurance) – 39 Essex Chambers

Posted January 9th, 2020 in evidence, fraud, insurance, internet, news, personal injuries, road traffic by sally

‘Personal injury analysis: Convincing telematics evidence, coupled with evidence of social media links between the claimant and defendant, was sufficient for a road traffic accident claim to be dismissed and findings of fundamental dishonesty to be made against both the claimant and first defendant. Fundamental dishonesty will be pursued by an insurance company even if the finding is made against their own insured. Emily Formby discusses the case for Lexis PSL.’

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39 Essex Chambers, 7th January 2020

Source: www.39essex.com

CPS ‘struggling to cope’ in disclosing evidence to defendants – report – The Guardian

Posted January 9th, 2020 in Crown Prosecution Service, disclosure, evidence, news, police, prosecutions, reports by tracey

‘A shortage of prosecutors and experienced police officers has left investigators “struggling to cope” with obligations to disclose key evidence to defendants in criminal trials, according to a critical inspectorate report.’

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The Guardian, 9th January 2020

Source: www.theguardian.com

Man, 81, seeks to quash conviction for apartheid protest – The Guardian

Posted January 6th, 2020 in appeals, demonstrations, disclosure, evidence, human rights, inquiries, news, police, spying by sally

‘An 81-year-old retired academic is seeking to overturn a criminal conviction he received after taking part in an anti-apartheid protest that had been infiltrated by an undercover police officer.’

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The Guardian, 6th January 2020

Source: www.theguardian.com

High Court quashes decision by council to refuse to accept second homelessness application over failure to consider new medical evidence – Local Government Lawyer

‘A Deputy High Court judge has quashed a decision by a borough council to refuse a claimant’s second homelessness application, after it failed to take into account new medical evidence.’

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Local Government Lawyer, 16th December 2019

Source: www.localgovernmentlawyer.co.uk

Reforms to English civil court witness statements to proceed – OUT-LAW.com

Posted December 12th, 2019 in drafting, evidence, news, witnesses by tracey

‘”Modest” proposals to standardise witness statements and improve compliance with the rules have been endorsed in principle by the Business and Property Courts (BPC); the specialist courts of the High Court of England and Wales.’

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OUT-LAW.com, 12th December 2019

Source: www.pinsentmasons.com

Adverse Inferences Drawn From Failure to Adduce Noise Surveys: Brian MacKenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110 – Parklane Plowden Chambers

Posted December 10th, 2019 in causation, evidence, industrial injuries, news, noise by sally

‘The Claimant brought a claim for noise induced hearing loss (“NIHL”) which he alleged was caused by exposure to excessive levels of noise in the course of his employment with the First Defendant at the Second Defendant’s premises at various times between 1963 -1976. ‘

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Parklane Plowden Chambers, 5th December 2019

Source: www.parklaneplowden.co.uk

“Over-lawyered” witness statements set for limited reform – Litigation Futures

Posted December 9th, 2019 in consultations, evidence, legal profession, news, statistics, witnesses by sally

‘Witness statements are “over-lawyered” and too long and argumentative, a Commercial Court working group has found, but it has shied away from recommending radical reform.’

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Litigation Futures, 9th December 2019

Source: www.litigationfutures.com

Jeremy Bamber lawyers challenge CPS over withheld evidence – The Guardian

‘Lawyers representing Jeremy Bamber, who is serving a whole life sentence for killing his adoptive parents, sister and her six-year-old twin boys in 1985, have launched a high court challenge to the Crown Prosecution Service for its failure to disclose evidence they say would undermine the safety of his conviction.’

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The Guardian, 8th December 2019

Source: www.theguardian.com

Torture charges against former Liberia leader’s ex-wife dismissed – BBC News

Posted December 6th, 2019 in conspiracy, evidence, news, rape, torture, war crimes by sally

‘Torture charges against the ex wife of former Liberian president Charles Taylor have been dismissed at the Old Bailey.’

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BBC News, 6th December 2019

Source: www.bbc.co.uk

Blow for Richard Freeman case after Sutton evidence ruled admissible – The Guardian

Posted December 6th, 2019 in admissibility, doctors, drug abuse, evidence, news, professional conduct, sport by sally

‘Shane Sutton’s evidence at the hearing of former Team Sky and British Cycling doctor Richard Freeman is admissible, a tribunal has ruled.’

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The Guardian, 6th December 2019

Source: www.theguardian.com

Covert recording in a PI claim: ramifications for Employment Tribunals? – 3PB

‘On 21 January 2014, a road traffic accident took place in Milton Keynes (liability having been conceded). The Claimant’s (hereinafter referred to as “C”) Honda Jazz was struck from behind by a Fiat Punto; there are 3 defendants (referred to collectively as “D”).’

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3PB, 4th November 2019

Source: www.3pb.co.uk

Legal advice privilege – 3PB

Posted December 4th, 2019 in admissibility, disability discrimination, evidence, news, privilege, redundancy by sally

‘The Claimant was employed as a Senior Legal Counsel by Shell until his dismissal, allegedly for redundancy, in January 2017. Whilst employed by Shell, he submitted a grievance and commenced an employment tribunal claim (“the First Claim”) for disability discrimination. In March 2017, he commenced a second ET claim (“the Second Claim). In broad terms, he alleged that Shell relied on a planned re-organisation of its in-house legal department as a pretext by which to terminate his employment by way of redundancy such that his dismissal was unfair, and that this was also unlawful discrimination and victimisation as a result of the First Claim and his grievance.’

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3PB, 4th November 2019

Source: www.3pb.co.uk

Legal Advice Privilege and Dismissal – Littleton Chambers

Posted November 19th, 2019 in admissibility, evidence, news, privilege, unfair dismissal by sally

‘Two recent cases have cast light on the issue of legal professional privilege in employment disputes.’

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Littleton Chambers, 12th November 2019

Source: www.littletonchambers.com