Category: evidence

Singularis Holdings Ltd v PricewaterhouseCoopers – WLR Daily

Posted November 12th, 2014 in evidence, foreign jurisdictions, insolvency, law reports, Supreme Court, winding up by tracey

Singularis Holdings Ltd v PricewaterhouseCoopers: [2014] UKPC 36; [2014] WLR (D) 476

‘There was a power at common law to assist a foreign court of insolvency jurisdiction by ordering the production of information in oral or documentary form which was necessary for the administration of a foreign winding up. However, that power was not exercisable where an equivalent order could not have been made by the court in which the foreign liquidation was proceeding.’

WLR Daily, 20th November 2014

Source: www.iclr.co.uk

Regina v P (J); Regina v Lubemba – WLR Daily

Posted November 11th, 2014 in children, criminal procedure, cross-examination, evidence, law reports, trials, witnesses by tracey

Regina v P (J); Regina v Lubemba: [2014] WLR (D) 472

‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

Regina (B and others) v Westminster Magistrates’ Court and others – WLR Daily

Posted November 7th, 2014 in closed material, disclosure, evidence, extradition, law reports, magistrates by tracey

Regina (B and others) v Westminster Magistrates’ Court and others: [2014] UKSC 59; [2014] WLR (D) 470

‘A judge hearing extradition proceedings in the magistrates’ court had no power under the Extradition Act 2003 to hear evidence in a closed court and to make an order prohibiting the disclosure to the government of the requesting state of evidence adduced by individuals whose extradition was being sought. Extradition proceedings were not in a special category which would justify a departure from the principle of open justice.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

Home Secretary’s oral statement on child abuse inquiry – Home Office

Posted November 7th, 2014 in child abuse, documents, evidence, government departments, inquiries, sexual offences, speeches by tracey

‘With permission, Mr Speaker, I would like to make a statement on the independent panel inquiry into child abuse, which has been established to consider whether institutions in England and Wales have taken seriously their duty of care to protect children from sexual abuse.’

Full statement

Home Office, 3rd November 2014

Source: www.gov.uk/home-office

Wanless review ‘fails to find Dickens’ dossier’ – BBC News

Posted November 7th, 2014 in child abuse, documents, evidence, government departments, inquiries, news, sexual offences by tracey

‘An inquiry into the Home Office’s handling of child sex abuse claims in the 1980s has failed to uncover any of the missing documents that prompted the probe, BBC Newsnight has been told.’

Full story

BBC News, 7th November 2014

Source: www.bbc.co.uk

BSkyB sport channels can air on rival BT service, court says – BBC News

Posted November 6th, 2014 in competition, evidence, media, news, sport, tribunals by sally

‘A UK court has ruled that pay TV broadcaster BSkyB must make its Sky Sports 1 and 2 channels available on rival BT’s YouView service.’

Full story

BBC News, 5th November 2014

Source: www.bbc.co.uk

Punitive drug law enforcement failing, says Home Office study – The Guardian

Posted October 30th, 2014 in crime, drug abuse, drug offences, enforcement, evidence, health, news, reports by sally

‘There is no evidence that tough enforcement of the drug laws on personal possession leads to lower levels of drug use, according to the government’s first evidence-based study.’

Full story

The Guardian, 30th October 2014

Source: www.guardian.co.uk

White collar crime reform considered – Law Society’s Gazette

Posted October 21st, 2014 in attorney general, company directors, crime, deferred prosecution agreements, evidence, human rights, news by sally

‘The attorney general has revealed that the government is considering changing the evidential basis for prosecuting white collar crime.’

Full story

Law Society’s Gazette, 20th October 2014

Source: www.lawgazette.co.uk

Avonwick Holdings Ltd v Webinvest Ltd and another – WLR Daily

Posted October 17th, 2014 in dispute resolution, documents, evidence, law reports, loans, privilege, statutory demands, without prejudice communications by tracey

Avonwick Holdings Ltd v Webinvest Ltd and another: [2014] EWHC 3322 (Ch); [2014] WLR (D) 424

‘Communications made at a time when there was no dispute could not, with retrospective effect, be made subject to the without prejudice privilege by subsequently rasing a dispute.

WLR Daily, 10th October 2014

Source: www.iclr.co.uk

No further action to be taken following the death of Andrew Pimlott – Crown Prosecution Service

Posted October 17th, 2014 in Crown Prosecution Service, duty of care, evidence, homicide, misfeasance in public office, police, press releases by tracey

‘Following the death of Andrew Pimlott in Plymouth in April 2013, the Crown Prosecution Service (CPS) has determined that there is insufficient evidence to prosecute a police constable for gross negligence manslaughter or misconduct in public office.’

Full press release

Crown Prosecution Service, 16th October 2014

Source: www.cps.gov.uk

Home Office told to disclose advice behind decision on intercept evidence – The Guardian

Posted October 17th, 2014 in appeals, disclosure, evidence, government departments, intelligence services, interception, news, police, privacy, prosecutions, telecommunications, warrants by tracey

‘The Home Office has been ordered to release secret legal advice justifying its decision to prevent intercept evidence being used in criminal trials. The ruling by an information tribunal could shine a light on the way intelligence agencies gather and store material as well as on their relationship with law enforcement organisations. The appeal for the advice to be disclosed was made by the Bingham Centre for the Rule of Law which submitted a Freedom of Information request to uncover the reasoning behind a 2009 report, entitled “Intercept as Evidence”.’

Full story

The Guardian, 16th October 2014

Source: www.guardian.co.uk

Fathers 4 Justice couple lose injunction claim – The Independent

Posted October 13th, 2014 in appeals, costs, evidence, harassment, injunctions, news by sally

‘The couple behind the pressure group Fathers4Justice who claimed a former lobbyist was harassing them have had an application for an injunction against him dismissed due to “a total absence of evidence”.’

Full story

The Independent, 10th October 2014

Source: www.independent.co.uk

High Court: reasons for withdrawal of part 36 offers must be disclosed – Litigation Futures

Posted October 9th, 2014 in disclosure, evidence, news, part 36 offers by sally

‘Judges who give permission for the withdrawal of part 36 offers must disclose the arguments and evidence behind their decisions, the High Court has ruled.’

Full story

Litigation Futures, 9th October 2014

Source: www.litigationfutures.com

Applications to the Biometrics Commissioner under PACE – Home Office

Posted September 29th, 2014 in codes of practice, data protection, DNA, evidence, fingerprints, news, police by tracey

‘Guidance for chief police officers when considering whether to make an application to the Commissioner for the retention and use of biometric material.’

Full text

Home Office, 26th September 2014

Source: www.gov.uk/home-office

Children: Private Law Update – Family Law Week

Posted September 22nd, 2014 in appeals, children, contact orders, EC law, evidence, expert witnesses, families, human rights, interpreters, jurisdiction, legal aid, legal representation, news, private hearings, sexual offences by sally

‘Alex Verdan QC of 4 Paper Buildings considers recent judgments in private law children cases, including the President’s judgment on legal aid funding in Q v Q.’

Full story

Family Law Week, 19th September 2014

Source: www.familylawweek.co.uk

Court to decide on domestic abuse legal aid challenge – BBC News

Posted September 19th, 2014 in domestic violence, evidence, family courts, legal aid, news, victims by tracey

‘The High Court is due to decide whether to allow a challenge to rules that determine whether victims of domestic abuse get legal aid in family cases.’

Full story

BBC News, 19th September 2014

Source: www.bbc.co.uk

Care Proceedings and the European Dimension: Article 15 Transfers – Family Law Week

Posted September 17th, 2014 in care orders, children, delay, EC law, evidence, families, foreign jurisdictions, human rights, news, social services by tracey

‘Michael Jones, barrister of 15 Winckley Square, considers recent developments in respect of care proceedings involving another European state.’

Full story

Family Law Week, 16th September 2014

Source: www.familylawweek.co.uk

A bold new vision for the treatment of victims – Ministry of Justice

Posted September 15th, 2014 in advocacy, barristers, compensation, criminal justice, cross-examination, evidence, ombudsmen, police, press releases, rape, sexual offences, solicitor advocates, victims by tracey

‘Victims’ rights will be enshrined in law as part of a major set of reforms announced by Justice Secretary Chris Grayling today.’

Full press release

Ministry of Justice, 14th September 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Child witness court video evidence expansion planned – BBC News

Posted September 10th, 2014 in children, Crown Court, evidence, news, sexual offences, trials, victims, video recordings, witnesses by sally

‘Changes to allow children and abuse victims in England and Wales to film their evidence before a trial begins should be brought in “as fast as possible”, a justice minister has said.’

Full story

BBC News, 9th September 2014

Source: www.bbc.co.uk

Judge condemns Crown Prosecution Service for pursuing sex case – Daily Telegraph

Posted September 9th, 2014 in alcohol abuse, attempts, costs, Crown Prosecution Service, evidence, judges, news, prosecutions, rape by sally

‘Judge Anthony Morris QC had urged prosecutors to pull the sex assault case before the trial had even begun because of lack of evidence.’

Full story

Daily Telegraph, 8th September 2014

Source: www.telegraph.co.uk