Unclear judgment on unclear occupancy – NearlyLegal

Posted March 27th, 2013 in appeals, evidence, housing, judges, landlord & tenant, local government, news by tracey

“This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.”

Full story

NearlyLegal, 24th March 2013

Source: www.nearlylegal.co.uk/blog/

Last-ditch bid to dilute secret courts plan fails – The Guardian

Posted March 27th, 2013 in bills, closed material, evidence, judiciary, news, private hearings by tracey

“A new generation of secret courts will be established in law within weeks after a last-ditch bid to water down controversial government plans failed in the House of Lords.”

Full story

The Guardian, 27th March 2013

Source: www.guardian.co.uk

Anonymity granted for nurse due to give evidence at inquest into death of Royal hoax call victim Jacintha Saldanha – The Independent

Posted March 27th, 2013 in anonymity, evidence, inquests, media, news, suicide by tracey

“A nurse due to give evidence at the inquest into the death of Royal hoax call victim Jacintha Saldanha has been granted anonymity to offer protection against similar media interest.”

Full story

The Independent, 26th March 2013

Source: www.independent.co.uk

Abu Qatada deportation decision due – BBC News

Posted March 27th, 2013 in appeals, deportation, evidence, immigration, news, terrorism, torture by tracey

“Home Secretary Theresa May is due to learn whether she has won an appeal to
overturn a decision to allow radical cleric Abu Qatada to stay in the UK.”

Full story

BBC News, 27th March 2013

Source: www.bbc.co.uk

In the teeth of it … – NearlyLegal

Posted March 26th, 2013 in appeals, evidence, housing, mental health, news by sally

“In El-Dinnaoui v Westminster CC [2013] EWCA Civ 231, the Court of Appeal found that the offer of a flat on the 16th floor of a block to a household which contained a person with fear of heights was perverse. The offer of accommodation was ‘in the teeth’ of the medical evidence. How could the case have got this far, one might well ask? At heart in this case, there is something interesting about the reception by homelessness officers about medical evidence (see comments at the end). The final point by way of introduction is a hat-tip to Debra Wilson at Anthony Gold who, I’m told, took Mr El-Dinnaoui’s appeal pro bono (and won).”

Full story

NearlyLegal, 22nd March 2013

Source: www.nearlylegal.co.uk

In re P-S (Children) (Care Proceedings: Evidence) – WLR Daily

Posted March 26th, 2013 in appeals, children, evidence, law reports by sally

In re P-S (Children) (Care Proceedings: Evidence) [2013] EWCA Civ 223; [2013] WLR (D) 113

“Although a child in care proceedings concerning him had the right to be “heard” in the proceedings, there was no rule as to how that was to be achieved, and a young boy, who had been granted status as a party to care proceedings concerning him, did not have the right to insist that he be permitted to give evidence to the court.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

Bank Mellat (Appellant) v HM Treasury (Respondent) – Supreme Court

“Lord Neuberger, President of the Supreme Court, made the following statement in open court this afternoon:

‘Yesterday morning, having heard full argument on the issue the previous day, we decided, for reasons to be given later – and, it should be added, by a majority of six to three – that we had power to consider the closed judgment of Mr Justice Mitting (‘the closed judgment’) in this case. This would involve part of this hearing being conducted in private without Bank Mellat or its representatives being present. We also indicated that, on the basis of the arguments we had so far heard, we were not persuaded that it was necessary to take such a course.'”

Full story

Supreme Court, 21st March 2013

Source: www.supremecourt.gov.uk

Historical first as Supreme Court boots Iranian bank out of secret hearing – UK Human Rights Blog

“Extraordinary developments in the Supreme Court today as the court, for the first time in its history, conducted a secret hearing during which one of the parties, an Iranian Bank, was not allowed to take part. Full background to the case, Bank Mellat (Appellant) v HM Treasury (Respondent) is here.”

Full story

UK Human Rights Blog, 21st March 2013

Source: www.ukhumanrightsblog.com

Supreme Court sits in secret for first time in history – The Independent

“The highest court in the land controversially sat in secret for the first time in its history today but insisted it had reached the decision with ‘great reluctance’.”

Full story

The Independent, 21st March 2013

Source: www.independent.co.uk

Half a Century of Change: The Evidence of Child Victims – Speech by The Right Honourable the Lord Judge

Posted March 21st, 2013 in child abuse, children, evidence, speeches, witnesses by sally

Half a Century of Change: The Evidence of Child Victims (PDF)

Speech by The Right Honourable the Lord Judge, Lord Chief Justice of England and Wales

Toulmin Lecture in Law and Psychiatry, 20th March 2013

Source: www.judiciary.gov.uk

Call for research into effects on children of giving evidence in abuse cases – The Guardian

Posted March 21st, 2013 in child abuse, children, evidence, news, speeches, witnesses by sally

“Research should be carried out into the long-term affects on those who give evidence about sexual abuse when they are a child, the lord chief justice, Lord Judge, has urged.”

Full story

The Guardian, 20th March 2013

Source: www.guardian.co.uk

Supreme court rules it can examine secret judgements by lower courts – The Guardian

Posted March 20th, 2013 in closed material, evidence, news, private hearings, Supreme Court by tracey

“The supreme court has ruled for the first time in its history that it can examine secret judgments given by lower courts.”

Full story

The Guardian, 19th March 2013

Source: www.guardian.co.uk

Taylor (Bonnett) v The Queen – WLR Daily

Posted March 19th, 2013 in appeals, evidence, juries, law reports, Privy Council, witnesses by tracey

Taylor (Bonnett) v The Queen: [2013] UKPC 8;   [2013] WLR (D)  104

“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

R (McGetrick) v Parole Board and another – WLR Daily

Posted March 19th, 2013 in appeals, evidence, law reports, parole, release on licence by tracey

R (McGetrick) v Parole Board and another: [2013] EWCA Civ 182;   [2013] WLR (D)  107

“The Parole Board had power to make an interlocutory direction requiring that evidence submitted by the Secretary of State be excluded from the final dossier of material taken into account by the panel deciding on whether to release a prisoner on licence.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Covert recordings may be admissible in Employment Tribunals – Technology Law Update

Posted March 19th, 2013 in admissibility, employment tribunals, evidence, news, video recordings by tracey

“As technology becomes more sophisticated, so do the challenges faced by employers.  A seemingly common query relates to the legality of covert recordings made by employees of face to face meetings with managers or colleagues on smart phones or tablets.”

Full story

Technology Law Update, 15th March 2013

Source: www.technology-law-blog.co.uk

Huntsman Brian Fraser jailed over unlicensed gun after he was cleared of shooting ex-lover – The Independent

Posted March 18th, 2013 in DNA, evidence, firearms, grievous bodily harm, news, restraining orders by sally

“A huntsman who was cleared of shooting his former lover outside her country home has been jailed for eight months for possessing a firearm without a licence.”

Full story

The Independent, 18th March 2013

Source: www.independent.co.uk

The three women fighting to clear their loved ones’ names – The Guardian

Posted March 18th, 2013 in appeals, evidence, families, joint enterprise, miscarriage of justice, murder, news by sally

“What is it like if your brother or son is convicted of murder when you are convinced they are innocent? We meet three women who have fought for years to prove their loved ones’ innocence.”

Full story

The Guardian, 16th March 2013

Source: www.guardian.co.uk

Regina v Plunkett (Daniel): Regina v Plunkett (James) – WLR Daily

Posted March 15th, 2013 in admissibility, appeals, evidence, investigatory powers, law reports by tracey

Regina v Plunkett (Daniel): Regina v Plunkett (James): [2013] EWCA Crim 261;   [2013] WLR (D)  98

“Covert recordings of conversations between defendants which had taken place whilst they were in the rear of a police van were not to be categorised as intrusive surveillance, under the Regulation of Investigatory Powers Act 2000, because a police van, used solely for police purposes, was not a private vehicle.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Decision on hold after Home Secretary’s appeal against ruling that blocked Abu Qatada deportation – The Independent

Posted March 12th, 2013 in appeals, bail, deportation, evidence, news, terrorism, torture by sally

“The Government’s seemingly endless battle to deport the radical cleric Abu Qatada went back before the courts today.”

Full story

The Independent, 11th March 2013

Source: www.independent.co.uk

Abu Qatada must remain in custody – The Guardian

Posted March 11th, 2013 in bail, deportation, detention, evidence, human rights, news, terrorism, torture by sally

“Radical preacher Abu Qatada must remain in custody following his arrest for allegedly breaching his bail conditions, a judge has ruled.”

Full story

The Guardian, 10th March 2013

Source: www.guardian.co.uk