Category: evidence

Watching You, Watching Me: The Admissibility of Covertly Obtained Evidence in Employment Tribunals – No. 5 Chambers

Posted June 18th, 2013 in appeals, employment tribunals, evidence, local government, news by sally

“Should employees – or employers – be able to use secretly taped recordings as evidence when bringing or defending claims in the Employment Tribunal? In the recent case of Vaughan v London Borough of Lewisham & Others [2013] UKEAT 0534_12_0102 the Employment Appeal Tribunal confirmed the long established position that the method in which the evidence has been obtained does not affect its relevance; and relevance is the guiding principle when determining whether evidence is admissible.”

Full story

No. 5 Chambers, 6th June 2013

Source: www.no5.com

Vulnerable victims will no longer have to give evidence in court, Chris Grayling says – Daily Telegraph

Posted June 11th, 2013 in cross-examination, evidence, news, trials, victims, video recordings by sally

“Young and vulnerable victims of crimes should not be subjected to traumatic
cross-examinations in court, Chris Grayling has said.”

Full story

Daily Telegraph, 11th June 2013

Source: www.telegraph.co.uk

 

Do I Want Your Opinion: the use of opinion evidence in law witness statements – Zenith Chambers

Posted June 10th, 2013 in admissibility, evidence, news, witnesses by sally

“Gordon Exall discusses the use of opinion evidence in witness statements. Looking, in particular, at two recent decisions which discuss opinion evidence.”

Full story (PDF)

Zenith Chambers, 6th June 2013

Source: www.zenithchambers.co.uk

ZZ (France) v Secretary of State for the Home Department – WLR Daily

Posted June 10th, 2013 in confidentiality, disclosure, EC law, evidence, freedom of movement, immigration, law reports by sally

ZZ (France) v Secretary of State for the Home Department (Case C-300/11); [2013] WLR (D) 218

“Where a national authority had failed to inform an EU citizen precisely and in full of the public security grounds, and the related evidence, upon which it had made a decision under article 27 of Parliament and Council Directive 2004/38/EC refusing the citizen entry, the national court was required, pursuant to articles 30(2) and 31 of the Directive and article 47 of the Charter of Fundamental Rights, to ensure that that failure was limited to that which was strictly necessary. The court had to ensure, in any event, that the citizen was informed of the essence of the grounds in a manner which took due account of the necessary confidentiality of the evidence.”

WLR Daily, 4th June 2013

Source: www.iclr.co.uk

Lord Chief Justice calls for children to have evidence video recorded – Daily Telegraph

Posted June 10th, 2013 in children, criminal justice, cross-examination, evidence, news, video recordings by sally

“Senior judges have called for children to be spared from the ‘damage’ of appearing in criminal trials, and instead have their evidence video recorded.”

Full story

Daily Telegraph, 10th June 2013

Source: www.telegraph.co.uk

Man sues over forensics live bullet conviction mix-up – BBC News

Posted June 7th, 2013 in evidence, firearms, forensic science, human rights, negligence, news by sally

“A man wrongfully convicted of possessing ammunition after forensics staff mixed
up his £3 keyring and a live bullet is suing the government.”

Full story

BBC News, 7th June 2013

Source: www.bbc.co.uk

Regina v Hobson – WLR Daily

Posted June 6th, 2013 in appeals, crime, evidence, jury directions, law reports by sally

Regina v Hobson [2013] EWCA Crim 819 ; [2013] WLR (D) 215

“Where specimen counts were charged but complainants described in their evidence particular incidents, the trial judge should direct the jury of the necessity to be sure that the offence had been committed on the same occasion, either on an occasion in the course of the unspecified pattern of offending, or on one of the particular occasions identified in the evidence.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Coroner calls for Alexander Litvinenko inquiry – The Independent

Posted June 6th, 2013 in coroners, disclosure, evidence, inquiries, murder, news, poisoning, spying by sally

“The coroner presiding over the inquest into the poisoning of Alexander Litvinenko has called on the government to replace it with a public inquiry.”

Full story

The Independent, 5th June 2013

Source: www.independent.co.uk

The Revised Public Law Outline …. and this time they mean it – Family Law Week

Posted June 5th, 2013 in bills, care orders, disclosure, evidence, family courts, local government, news, social services by sally

“Andrew Pack, care lawyer with Brighton & Hove City Council, explains and comments on the changes made by the recently published Revised Public Law Outline.”

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Family Law Week, 4th June 2013

Source: www.familylawweek.co.uk

In re Joseph Hill & Co, Solicitors – WLR Daily

Posted June 4th, 2013 in appeals, criminal procedure, delay, evidence, law reports, witnesses by sally

In re Joseph Hill & Co, Solicitors [2013] EWCA Crim 775 ; [2013] WLR (D) 210

“There was a statutory obligation on the defence to give notice to the prosecution of the name, address and date of birth of any witness whom the defendant believed was able to give evidence in support of his alibi. If there was a practice of advising that the names and addresses of alibi witnesses should not be disclosed unless and until they had provided signed proofs of evidence, that practice was misguided and wrong.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

Breaking the taboo: One rape victim tells her story – BBC News

Posted June 3rd, 2013 in consent, evidence, news, prosecutions, rape, statistics, victims by sally

“It is estimated that 12,000 men and 85,000 women on average are raped in England and Wales every year, but it is not an issue that is talked about openly. One woman has waived her anonymity and bravely spoken about her story, from reporting the attack to bringing her rapist to justice.”

Full story

BBC News, 3rd May 2013

Source: www.bbc.co.uk

Surveillance: RIPA and the Communications Data Bill – Panopticon

Posted May 30th, 2013 in admissibility, bills, evidence, intelligence services, internet, investigatory powers, news, police, telecommunications by sally

“The Communications Data Bill, shelved amid political heavy weather, is back on the agenda in the wake of last week’s Woolwich murder. Today for example, Conservative MP and former policing minister Nick Herbert wrote an article in The Times in support of the Bill and responding to those who have called it a ‘snooper’s charter’.”

Full story

Panopticon, 29th May 2013

Source: www.panopticonblog.com

Psych versus Psych: A Diagnostic Dispute and the Implications for Expert Witnesses in Family Proceedings – Family Law Week

Posted May 29th, 2013 in evidence, expert witnesses, family courts, mental health, news by sally

“William Tautz, barrister of Tooks Chambers, examines the fundamental challenge to psychiatric diagnosis recently announced by the British Psychological Association and explores its implications for the instruction and cross-examination of expert witnesses in a post-streamlined PLO world.”

Full story

Family Law Week, 23rd May 2013

Source: www.familylawweek.co.uk

Interflora Inc and another v Marks and Spencer plc and another – WLR Daily

Posted May 21st, 2013 in civil procedure rules, evidence, law reports, reports by sally

Interflora Inc and another v Marks and Spencer plc and another [2013] EWHC 936 (Ch); [2013] WLR (D) 183

“CPR Pt 35 controlled the giving of evidence by experts as so defined and did not control the admission of other types of evidence which might be described as expert evidence.”

WLR Daily, 15th April 2013

Source: www.iclr.co.uk

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.”

Full story

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.”

Full story

The Independent, 17th May 2013

Source: www.independent.co.uk

Fair inquest for Litvinenko impossible, judge warns – The Independent

Posted May 20th, 2013 in closed material, disclosure, evidence, inquests, intelligence services, news, Russia by sally

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

Full story

The Independent, 17th May 2013

Source: www.independent.co.uk

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

Posted May 17th, 2013 in confidentiality, evidence, inquests, intelligence services, news, private hearings, spying by sally

“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.”

Full story

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 sally

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