Court of Appeal allows appeal by council in case where fact-finding process in care proceedings “went wrong” – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a local authority and remitted for rehearing a case concerning findings of fact in care proceedings.’

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Local Government Lawyer, 10th October 2023

Source: www.localgovernmentlawyer.co.uk

I was innocent – but it cost me £500,000 to prove it – BBC News

‘Each year, thousands of people in England and Wales are accused of crimes for which they are later acquitted. While their names may be cleared, they are often left emotionally and financially devastated – as Brian Buckle, who was wrongfully convicted of sexually abusing a child, discovered first-hand.’

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BBC News, 6th October 2023

Source: www.bbc.co.uk

Dyslexia and the importance of assessing the effect of disability on giving evidence – 3PB

‘The Appellant was Ms Habib. She brought a discrimination case against the Respondent, the nature of which was not really relevant to the decision of the EAT. Credibility was a key issue however. The Tribunal found that the way the Appellant gave evidence led them to believe that she was not always being truthful and that her recollection was sometimes unreliable. Her claims were dismissed.’

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3PB, 4th September 2023

Source: www.3pb.co.uk

Experts call for Lucy Letby inquiry to cover statistical evidence used in trial – The Guardian

Posted October 3rd, 2023 in birth, children, evidence, hospitals, inquiries, murder, news, nurses, statistics by sally

‘The Royal Statistical Society (RSS) is calling for the Lucy Letby inquiry to cover statistical evidence used in the trial of the serial baby killer, saying it can be difficult “to draw conclusions from suspicious clusters of deaths” in hospitals.’

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The Guardian, 3rd October 2023

Source: www.theguardian.com

Navigating unadmitted allegations: the cart before the horse – Local Government Lawyer

Posted September 28th, 2023 in children, contact orders, domestic violence, evidence, expert witnesses, families, news by tracey

‘Kristine Lidgerwood provides a self-check for a situation which many practitioners will be familiar with and which applies equally to public law and private law proceedings. The unadmitted allegation.’

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Local Government Lawyer, 28th September 2023

Source: www.localgovernmentlawyer.co.uk

Police officers widely misusing body-worn cameras – BBC News

Posted September 28th, 2023 in complaints, evidence, news, police, video recordings by tracey

‘Police officers are switching off their body-worn cameras when force is used, as well as deleting footage and sharing videos on WhatsApp.’

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BBC News, 28th September 2023

Source: www.bbc.co.uk

Privy Council provides update on setting aside judgments and settlements for fraud – OUT-LAW.com

Posted September 26th, 2023 in evidence, fraud, Jamaica, judgments, news, Privy Council, setting aside by sally

‘A Privy Council ruling in a case originating in Jamaica has sought to clarify what constitutes “new” evidence for claimants seeking to set aside a judgment or settlement based on fraud.’

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OUT-LAW.com, 25th September 2023

Source: www.pinsentmasons.com

Expert evidence – the importance of independence – Mills & Reeve

‘The rules on expert witnesses in the courts of England and Wales are governed by Part 35 of the Civil Procedure Rules. One of the fundamental principles when it comes to expert evidence is that of independence.’

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Mills & Reeve, 19th September 2023

Source: www.mills-reeve.com

Sharlotte Naglis death: No-consent blood test law earns council backing – BBC News

‘Calls by the mother of a girl killed by a drink and drug driver to change the law over testing blood without consent to speed up police investigations has been backed by her local council.’

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BBC News, 18th September 2023

Source: www.bbc.co.uk

Rikki Neave murderer James Watson loses appeal against conviction – BBC News

Posted September 5th, 2023 in appeals, bad character, children, DNA, evidence, murder, news by sally

‘A man jailed last year for murdering a six-year-old boy in 1994 has lost his appeal against his conviction.’

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BBC News, 4th September 2023

Source: www.bbc.co.uk

Man found guilty of murdering six-year-old in 1994 awaits ruling on appeal – The Independent

‘A 42-year-old man given a life sentence after being found guilty of murdering a six-year-old boy nearly 30 years ago is waiting for a ruling on an appeal.’

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The Independent, 4th September 2023

Source: www.independent.co.uk

Missing evidence led to 16 homicides in England and Wales not going to trial – The Guardian

Posted September 4th, 2023 in evidence, homicide, news, police, prosecutions, statistics by tracey

‘Prosecutions involving more than a dozen homicides and more than 100 sexual offences collapsed before trial in England and Wales last year as a result of lost or missing evidence, the Guardian has learned.’

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The Guardian, 3rd September 2023

Source: www.theguardian.com

Seventeen years: what does Andrew Malkinson’s wrongful conviction say about the appeals process? – UK Human Rights Blog

‘Earlier this month, the Court of Appeal overturned Andrew Malkinson’s conviction for rape and related assault offences, for which he had spent 17 years in prison. An appeal in 2006 upheld the verdict and applications to the Criminal Case Review Commission (CCRC) in 2012 and 2020 were denied. Finally, a third application last year convinced the CCRC to order fresh DNA analysis. It was this evidence as well as treatment of some previously undisclosed information to do with Malkinson’s witness identification which secured his release.’

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UK Human Rights Blog, 29th August 2023

Source: ukhumanrightsblog.com

Andrew Malkinson: independent inquiry announced into wrongful conviction – The Guardian

‘Ministers have announced an independent inquiry into the circumstances and handling of the Andrew Malkinson case after he was exonerated last month over a rape for which he wrongly spent 17 years in prison.’

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The Guardian, 24th August 2023

Source: www.theguardian.com

Third time lucky: ChD reconsiders failed unopposed rectification claim – Pensions Barrister

Posted August 24th, 2023 in evidence, news, rectification, wills by sally

‘A claimant has succeeded in obtaining rectification of a deed of appointment supplemental to a Will – but only on appeal to the Judge after the Master gave an opportunity to improve on the evidence (before the Master dismissed the claim) – and even though the application was unopposed: Laird v Simcock. Paul Newman KC has written a casenote highlighting the quality of evidence required for unopposed rectification applications.’

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Pensions Barristers, 24th August 2023

Source: www.pensionsbarrister.com

Sexual assault trial in Sheffield collapses after juror falls asleep – The Guardian

Posted August 22nd, 2023 in assault, evidence, juries, news, sexual offences by sally

‘A sexual assault trial in Sheffield has collapsed after a member of the jury fell asleep and missed “important evidence”, it has been reported.’

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The Guardian, 21st August 2023

Source: www.theguardian.com

Police and CPS had key DNA evidence 16 years before Andrew Malkinson cleared of rape – The Guardian

‘Police and prosecutors in the Andrew Malkinson case knew there was another man’s DNA on the victim’s clothes in 2007 – three years after he was wrongly convicted of rape – but he remained in prison for another 13 years.’

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The Guardian, 15th August 2023

Source: www.theguardian.com

New evidence claimed to undermine nurse’s conviction for killing patients – The Guardian

Posted August 1st, 2023 in evidence, murder, news, nurses, poisoning, statistics by sally

‘Fresh evidence has emerged that it is claimed undermines the conviction of a nurse jailed for life 17 years ago for murdering two of his patients and poisoning 15 others.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

UK high court to look at legal battle over WhatsApp evidence for Covid inquiry – The Guardian

‘A legal battle between the Cabinet Office and Covid public inquiry will be considered by the high court on Friday, amid wrangling over the issue of redacted documents, including Boris Johnson’s WhatsApp messages.’

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The Guardian, 30th June 2023

Source: www.theguardian.com

Stephen Lawrence: How the Met Police failed to spot suspect Matthew White – BBC News

Posted June 27th, 2023 in evidence, London, murder, news, police, racism by sally

‘The most notorious racist murder in British history has never been fully solved, but everyone thinks they know who attacked Stephen Lawrence.’

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BBC News, 26th June 2023

Source: www.bbc.co.uk