Children: Public Law Update – Family Law Week
‘John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.’
Family Law Week, 9th January 2020
Source: www.familylawweek.co.uk
Category: evidence
Finding of Fundamental Dishonesty Against Claimant and Defendant Driver (Wise v Hegarty and Alpha Insurance) – 39 Essex Chambers
‘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.’
39 Essex Chambers, 7th January 2020
Source: www.39essex.com
CPS ‘struggling to cope’ in disclosing evidence to defendants – report – The Guardian
‘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.’
The Guardian, 9th 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.’
Local Government Lawyer, 16th December 2019
Source: www.localgovernmentlawyer.co.uk
Reforms to English civil court witness statements to proceed – OUT-LAW.com
‘”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.’
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
‘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. ‘
Parklane Plowden Chambers, 5th December 2019
Source: www.parklaneplowden.co.uk
“Over-lawyered” witness statements set for limited reform – Litigation Futures
‘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.’
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.’
The Guardian, 8th December 2019
Source: www.theguardian.com
Torture charges against former Liberia leader’s ex-wife dismissed – BBC News
‘Torture charges against the ex wife of former Liberian president Charles Taylor have been dismissed at the Old Bailey.’
BBC News, 6th December 2019
Source: www.bbc.co.uk
Blow for Richard Freeman case after Sutton evidence ruled admissible – The Guardian
‘Shane Sutton’s evidence at the hearing of former Team Sky and British Cycling doctor Richard Freeman is admissible, a tribunal has ruled.’
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”).’
3PB, 4th November 2019
Source: www.3pb.co.uk
Legal advice privilege – 3PB
‘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.’
3PB, 4th November 2019
Source: www.3pb.co.uk
Legal Advice Privilege and Dismissal – Littleton Chambers
‘Two recent cases have cast light on the issue of legal professional privilege in employment disputes.’
Littleton Chambers, 12th November 2019
Source: www.littletonchambers.com
Late Service of Evidence during Stage 3 of the MOJ Protocol – Park Square Barristers
‘The Claimant, Mr Blair, suffered an accident at work resulting in personal injury. He submitted an EL1 Claims Notification Form, following Stage 1 of the MOJ Protocol for Low Value Employers’ Liability Claims. Liability was admitted. The parties thereafter unsuccessfully attempted to agree damages as part of Stage 2 of the Protocol and the case moved to Stage 3.’
Park Square Barristers, 19th November 2019
Source: www.parksquarebarristers.co.uk
Late evidence does not mean automatic protocol exit – Litigation Futures
‘A circuit judge was wrong to find that an employer’s liability claim automatically exited the pre-action protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the Court of Appeal has ruled.’
Litigation Futures, 14th November 2019
Source: www.litigationfutures.com
Marshalling evidence in special educational needs cases – Local Government Lawyer
‘John Roberts reports on a successful result obtained by a local authority in the Special Educational Needs Tribunal.’
Local Government Lawyer, 8th November 2019
Source: www.localgovernmentlawyer.co.uk
Lump sum damages approved after judge finds lack of earnings evidence – Law Society’s Gazette
‘The Court of Appeal has upheld a judge’s decision to award lump sum damages on the basis of a lack of evidence about future earnings.’
Law Society's Gazette, 7th November 2019
Source: www.lawgazette.co.uk
When “maybe” isn’t good enough: orders for production of journalistic material – Panopticon
‘The efforts of the Beeb in the Divisional Court have clarified the conditions to be satisfied before a Court can require journalistic material be produced in criminal cases.’
Panopticon, 29th October 2019
Source: panopticonblog.com
Joint article by The Hon Mr Justice Mostyn: Probability reasoning in judicial fact-finding – Courts and Tribunals Judiciary
‘Joint article by The Hon Mr Justice Mostyn: Probability reasoning in judicial fact-finding.’
Courts and Tribunals Judiciary, 29th October 2019
Source: www.judiciary.uk
