Fresh evidence challenges ‘Angel of Death’ nurse Colin Norris’s conviction – The Guardian

Posted May 21st, 2013 in Criminal Cases Review Commission, elderly, evidence, murder, news, nurses by sally

“Fresh medical and scientific evidence is being published this week that campaigners hope will lead to the release of Colin Norris, the former nurse and so-called ‘Angel of Death’ serving life for the murder or attempted murder of five elderly women.”

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The Guardian, 20th May 2013

Source: www.guardian.co.uk

Elena Ambrosiadou wins legal battle with ex-husband Martin Coward over software: They might be rich – but judge isn’t buying it in ‘toxic’ divorce – The Independent

Posted May 20th, 2013 in divorce, evidence, financial dispute resolution, news by sally

“Two hedge fund tycoons whose marriage ‘turned toxic’ were accused by a judge yesterday of giving ‘tainted’ evidence in their battle over the spoils of their failed relationship.”

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The Independent, 17th May 2013

Source: www.independent.co.uk

Fair inquest for Litvinenko impossible, judge warns – The Independent

“Hearing in danger of collapse after British Government’s accused of evidence cover-up.”

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The Independent, 17th May 2013

Source: www.independent.co.uk

Litvinenko inquest close to collapse after coroner rules crucial evidence secret – The Guardian

“The inquest into the death of Alexander Litvinenko is close to collapse after a coroner partially upheld an application by William Hague to keep crucial evidence secret.”

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The Guardian, 17th May 2013

Source: www.guardian.co.uk

Ministers seek to cut £50m legal aid bill for expert witnesses in family courts – The Guardian

Posted May 16th, 2013 in consultations, evidence, expert witnesses, family courts, fees, legal aid, news by sally

“Too many expert witnesses are being paid to give evidence of little value in family courts, according to the Ministry of Justice which is proposing a fresh round of cuts to legal aid.”

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The Guardian, 16th May 2013

Source: www.guardian.co.uk

JD Wetherspoon plc v Harris and others – WLR Daily

Posted May 3rd, 2013 in admissibility, evidence, law reports, summary judgments, witnesses by tracey

JD Wetherspoon plc v Harris and others: [2013] EWHC 1088 (Ch);   [2013] WLR (D)  159

“It was not appropriate to apply for summary judgment after the exchange of witness statements in proceedings alleging fraud and dishonesty where the applications were based on a particular interpretation of facts and on the inferences to be drawn from established facts. Paragraphs in a witness statement containing a recitation of facts based on documents, commentary on those documents, argument, submissions and expressions of opinion, made by a witness who had had no prior involvement with the subject matter of the proceedings were abusive and should be struck out.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Every picture tells a story – Hardwicke Chambers

“Jamie Clarke interviews expert clinical photographer and proprietor of Clinical Photography UK, Tim Zoltie on the use of photography in personal injury and clinical negligence claims.”

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Hardwicke Chambers, 24th April 2013

Source: www.hardwicke.co.uk

Chagossians: Wikileaks cables not admissible in court – UK Human Rights Blog

“Bancoult v. Foreign & Commonwealth Office, Divisional Court, Richards LJ and Mitting J, 16-24 April 2013, judgment awaited. A quick update at the end of the recent judicial review on 24 April by Mr Bancoult on behalf of the Chagossian islanders, but before judgment. The challenge was to the designation of the waters around their islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

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UK Human Rights Blog, 28th April 2013

Source: www.ukhumanrightsblog.com

Judge: parents were too besotted to hurt children – Daily Telegraph

Posted April 29th, 2013 in child abuse, children, evidence, families, news, social services by tracey

“A judge has refused to allow social workers to take three children with serious
and apparently unexplained injuries into care after seeing that their parents
were ‘simply dotty about them’.”

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Daily Telegraph, 27th April 2013

Source: www.telegraph.co.uk

Theresa May’s treaty with Jordan: this is the game-changer she needs – Head of Legal

Posted April 26th, 2013 in deportation, evidence, news, torture, treaties by tracey

“A day after the Court of Appeal refused her permission to appeal to the Supreme Court in the Abu Qatada case, Theresa May’s announcement today of a mutual legal assistance treaty with Jordan seems finally to turn the case in her favour.”

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Head of Legal, 24th April 2013

Source: www.headoflegal.com

Hillsborough disaster police officers to refuse to give evidence to inquest – The Guardian

Posted April 26th, 2013 in delay, evidence, health & safety, inquests, news, police, sport by tracey

“Police officers on duty at Sheffield Wednesday’s Hillsborough football ground when 96 Liverpool supporters died in 1989 will refuse to give evidence to the new inquest into the disaster, their barristers have said at a pre-inquest hearing.”

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The Guardian, 25th April 2013

Source: www.guardian.co.uk

Theresa May to set out next steps over Abu Qatada deportation – The Guardian

Posted April 24th, 2013 in appeals, deportation, evidence, news, terrorism, torture by sally

“Theresa May is to detail renewed diplomatic attempts to secure fresh assurances from Jordan that the radical Islamist preacher Abu Qatada will not face a trial based on torture-obtained evidence if he is deported from Britain.”

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The Guardian, 24th April 2013

Source: www.guardian.co.uk

Expert evidence and the amendments to CPR 35 – Hardwicke Chambers

Posted April 23rd, 2013 in civil procedure rules, costs, evidence, expert witnesses, news by sally

“The case of the Ikarian Reefer 1993 2 LILR 68, 81-82 is still the definitive case in respect of the duties and role of an expert witness and the introduction of the Civil Procedure Rules in 1999 was in part designed to reinforce that. In 2000 HHJ Toulmin further refined the definition in Anglo Group plc v Winther Brown & Co Ltd but in the last 10 or so years we have slipped back into old ways with partisan experts being allowed to provide wide ranging reports and encouraged by the parties to give opinions outside their actual remit.”

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Hardwicke Chambers, 18th April 2013

Source: www.hardwicke.co.uk

‘I’m sure that’s him’: Considering the Rules of Recognition Evidence – One Inner Temple Lane

Posted April 23rd, 2013 in closed circuit television, evidence, news, witnesses by sally

“Given the prevalence of CCTV cameras, it is perhaps of little surprise that recognition evidence is on the rise. This article will consider the relevant authorities, the ACPO Guidelines and PACE Code D, which together govern this form of evidence. Put simply, recognition evidence is the assertion by a police officer that they know an individual captured by CCTV, or still images, in the commission of an offence. This kind of evidence is potentially very dangerous, and, as such is only right that its use should be rigorously scrutinised and subject to strict regulation. This issue is common to a great many cases, but can be illustrated by the following example.”

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One Inner Temple Lane, 23rd April 2013

Source: www.1itl.com

Abu Qatada could face prosecution in UK, says Theresa May – The Guardian

Posted April 18th, 2013 in bail, evidence, news, prosecutions, terrorism by sally

“The home secretary, Theresa May, has said police are examining evidence seized over the recent arrest of Islamic cleric Abu Qatada to see if he can be prosecuted in UK courts.”

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The Guardian, 18th April 2013

Source: www.guardian.co.uk

Don’t look down: The decision in El-Dinnaoui v Westminster City Council – Hardwicke Chambers

Posted April 17th, 2013 in appeals, evidence, homelessness, housing, local government, news by sally

“The duty that local authorities have to accommodate homeless applicants in priority need is well established. But that duty, in section 193 of the Housing Act 1996, ceases to apply if a homeless applicant refuses to accept accommodation which is suitable for them.”

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Hardwicke Chambers, 12th April 2013

Source: www.hardwicke.co.uk

Sapper Mark Smith death: Coroner calls for inquiry – BBC News

Posted April 12th, 2013 in armed forces, evidence, inquests, inquiries, news by sally

“A coroner has called for an inquiry to look at ‘systemic failures’ in an investigation into the death of a Kent soldier in Afghanistan.”

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BBC News, 11th April 2013

Source: www.bbc.co.uk

McDaid v Nursing and Midwifery Council – WLR Daily

Posted April 10th, 2013 in appeals, evidence, law reports, midwives, professional conduct, whistleblowers by sally

McDaid v Nursing and Midwifery Council [2013] EWHC 586 (Admin); [2013] WLR (D) 132

“A professional conduct adjudication panel which had exceptionally decided to proceed in the absence of the accused was bound, in particular, to take reasonable steps to expose weaknesses in the case against the accused and to make such points on her behalf as the evidence permitted.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

Philpott – why wasn’t it murder and when will he be free? – Halsbury’s Law Exchange

Posted April 9th, 2013 in arson, bad character, duress, evidence, homicide, news, sentencing by sally

“1.3 million people tuned into Channel 5 when the schedule was changed at 9pm on 3 April 2013 to show a documentary examining the high-profile Philpott story, featuring new material about the tragic event and subsequent trial.”

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Halsbury’s Law Exchange, 8th April 2013

Source: www.halsburyslawexchange.co.uk

No QOCS here: A Guide to the CPR Amendments you may have missed – Zenith Chambers

“In all of the furore surrounding LASPO and the very real concerns about funding, it seems that very little attention has been paid to the significant changes to the CPR which will come into force on 1st April 2013. This is not an article about funding, legal aid, CFAs, DBAs, or even QOCS. Instead it is intended to provide an overview and guidance on the amendments being made to the CPR.”

Full story (PDF)

Zenith Chambers, 28th March 2013

Source: www.zenithchambers.co.uk