Rejection of visit visa to attend funeral: analysis – Free Movement

‘In the news today we can see that an Entry Clearance Officer has rejected an application for a visit visa for two grandparents who wish to travel to the UK to attend the funeral of their 5 year old grandchild, tragically killed in a car accident before Christmas. The family is devastated, obviously. The issue was raised at Prime Minister’s Questions by the local MP and a review was promised. The Immigration Minister, James Broken-shire, has very swiftly conducted the review and the refusal has been maintained. He says his decision has been taken “on the full facts of the case”.’

Full story

Free Movement, 20th January 2015

Source: www.freemovement.org.uk

Football ‘spot-fixing’ case dropped – BBC News

Posted January 15th, 2015 in evidence, fraud, gambling, media, news, prosecutions, sport by sally

‘The case against 13 footballers investigated over alleged spot-fixing has been dropped due to “insufficient evidence”, the CPS has said.’

Full story

BBC News, 15th January 2015

Source: www.bbc.co.uk

Ched Evans: the legal issues – Halsbury’s Law Exchange

‘The “innocent man wrongly imprisoned who fights a valiant struggle to secure his freedom” is a long used trope in our culture. The hero is normally a sympathetic figure, heroically taking on the establishment.’

Full story

Halsbury’s Law Exchange, 7th January 2015

Source: www.halsburyslawexchange.co.uk

Service Charge Disputes in the First Tier Tribunal – Hardwicke Chambers

Posted January 6th, 2015 in evidence, landlord & tenant, news, service charges, tribunals by sally

‘Over many years of representing landlords (usually by their appointed property management company) in leasehold service charge disputes before the Tribunals, various themes have developed. One of them is my frustration, in the majority of cases, at the quality of evidence with which I must present my client’s case. It actually isn’t that difficult to get your best evidence before the Tribunals and secure the best possible recovery. Especially with the benefit of hindsight!’

Full story

Hardwicke Chambers, 17th December 2014

Source: www.hardwickec.co.uk

Jimmy Mubenga: Judge refused to allow jury to hear about guards’ racist texts – The Guardian

Posted December 18th, 2014 in death in custody, evidence, immigration, juries, news, racism, telecommunications by sally

‘An Old Bailey judge refused to allow a jury to hear about dozens of “grossly offensive and undoubtedly racist” text messages on the phones of two of the G4S security guards acquitted of killing Jimmy Mubenga because they did not have “any real relevance” to the trial.’

Full story

The Guardian, 17th December 2014

Source: www.guardian.co.uk

Burglar on Ministry of Justice trial jailed after his crime spree is mapped out by a GPS tag – Daily Telegraph

Posted December 16th, 2014 in burglary, electronic monitoring, evidence, news, recidivists by tracey

‘One of the first criminals in Britain to be fitted with an advanced type of electronic tag which tracked his every move committed seven burglaries within weeks of being released from jail.’

Full story

Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

Claire Tiltman murder: Former milkman Colin Ash-Smith found guilty of killing schoolgirl more than 20 years ago – The Independent

Posted December 11th, 2014 in evidence, murder, news, recidivists by sally

‘A former milkman has been found guilty of the “frenzied and remorseless” murder of schoolgirl Claire Tiltman more than 20 years ago.’

Full story

The Independent, 11th December 2014

Source: www.independent.co.uk

Mazher Mahmood: CPS to re-examine 25 ‘Fake Sheikh’ cases – Daily Telegraph

Posted December 8th, 2014 in Crown Prosecution Service, damages, evidence, miscarriage of justice, news by sally

‘The Crown Prosecution Service says 25 cases where the undercover journalist was a prosecution witness will be reviewed.’

Full story

Daily Telegraph, 4th December 2014

Source: www.telegraph.co.uk

Fake sheikh Mazher Mahmood cases to be reviewed by CPS – The Guardian

Posted December 5th, 2014 in evidence, miscarriage of justice, news, perjury, prosecutions by sally

‘Criminal convictions in 25 cases are to be re-examined over concerns about evidence provided by the undercover Sun on Sunday reporter Mazher Mahmood.’

Full story

The Guardian, 4th December 2014

Source: www.guardian.co.uk

Boundaries And The Interpretation Of Conveyances: Myths And Legends – No. 5 Chambers

Posted December 3rd, 2014 in boundaries, conveyancing, dispute resolution, evidence, interpretation, news by sally

‘The aim of this seminar is to examine a number of commonly held misconceptions about boundary interpretation – “the myths” – and to look at one or two legends along the way.’

Full story (PDF)

No. 5 Chambers, 28th November 2014

Source: www.no5.com

Judge criticises National Crime Agency over collapse of fraud trial – The Guardian

‘The National Crime Agency has been labelled “incompetent” by an Old Bailey judge after a series of blunders led to the collapse of a £5m trial.’

Full story

The Guardian, 2nd December 2014

Source: www.guardian.co.uk

Pre-charge bail: Everything you need to know about the campaign to close a ‘legal limbo’ loophole – Daily Telegraph

Posted December 2nd, 2014 in bail, evidence, investigatory powers, news, police, time limits by sally

‘Former ministers, MPs and lawyers have signed a letter to The Telegraph demanding reform of the controversial pre-charge bail measure. Here’s what you need to know.’

Full story

Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

Libyan Rendition, Human Rights Week 2014 and the Naked Rambler – Human Rights Roundup – UK Human Rights Blog

‘Libyan Rendition, Human Rights Week 2014 and the Naked Rambler – Human Rights Roundup.’

Full story

UK Human Rights Blog, 1st December 2014

Source: www.ukhumanrightsblog.com

Judge attacks social workers for “grossly overstating” case in evidence – Local Government Lawyer

Posted November 28th, 2014 in bias, care orders, child abuse, evidence, news, social services by sally

‘A judge has sharply criticised social workers for giving “visibly biased” evidence when a local authority applied for a final care order in relation to a three-year-old boy with a view to placing him for adoption.’

Full story

Local Government Lawyer, 28th November 2014

Source: www.localgovernmentlawyer.co.uk

Stephen Lawrence murder: insufficient evidence to prosecute sixth suspect – The Guardian

Posted November 24th, 2014 in evidence, murder, news, prosecutions by sally

‘A sixth man held over the murder of black teenager Stephen Lawrence will not be prosecuted due to insufficient evidence.’

Full story

The Guardian, 24th November 2014

Source: www.guardian.co.uk

Information even unlawfully obtained is admissible to the GMC – UK Human Rights Blog

Posted November 24th, 2014 in disciplinary procedures, disclosure, doctors, evidence, human rights, news, police by sally

‘The High Court has ruled that although information obtained unlawfully by the police is admissible in regulatory proceedings (even if not in criminal proceedings), it “carries little weight” in the assessment of competing interests required by Article 8(2).’

Full story

UK Human Rights Blog, 23rd November 2014

Source: www.ukhumanrightsblog.com

CPS decide no criminal charges should be brought following investigation into police actions in relation to the Kevin Nunes murder trial – Crown Prosecution Service

‘Operation Kalmia 2 was an investigation to determine whether any offences had been committed in connection with Staffordshire Police’s handling of disclosure of unused material in a prosecution (relating to the death of Kevin Nunes), which resulted in the convictions for murder in the subsequent criminal proceedings being quashed by the Court of Appeal. Following an investigation led by Chief Constable of Derbyshire Mick Creedon and managed by the Independent Police Complaints Commission (IPCC), the Crown Prosecution Service (CPS) was asked to consider allegations in relation to two matters relating to the handling of the murder trial.’

Full press release

Crown Prosecution Service, 19th November 2014

Source: www.cps.gov.uk

Rotherham abuse scandal: IPCC to investigate conduct of 10 police officers – The Guardian

Posted November 19th, 2014 in child abuse, children, evidence, negligence, news, police, sexual offences, victims by sally

‘The Independent Police Complaints Commission (IPCC) is to investigate the conduct of 10 South Yorkshire police officers in relation to their handling of reported child sexual exploitation in Rotherham.’

Full story

The Guardian, 18th November 2014

Source: www.guardian.co.uk

Laughton v Shalaby – “Similar Fact Evidence” in Civil Cases – Admissibility of Evidence of Incompetence in Other Cases in a Clinical Negligence Claim – Zenith PI Blog

‘In Laughton v Shalaby [2014] EWCA Civ 1450, the claimant appealed a decision that the defendant surgeon had not acted negligently in the course of carrying out a hip operation.’

Full story

Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

“Extraneous factors” not relevant in deciding whether surgeon guilty of negligence – Litigation Futures

Posted November 14th, 2014 in appeals, assault, doctors, evidence, negligence, news by tracey

‘“Extraneous factors”, including an assault on a bus driver, are not relevant in deciding whether a surgeon had acted negligently while carrying out a hip operation, appeal judges have ruled.’

Full story

Litigation Futures, 14th November 2014

Source: www.litigationfutures.com