Chilcot report into Iraq delayed by Whitehall refusal to release evidence – The Guardian

Posted July 16th, 2012 in disclosure, evidence, inquiries, Iraq, news, war by sally

“Fierce opposition in Whitehall to the disclosure of key documents relating to the invasion of Iraq, notably records of discussions between Tony Blair and George Bush, has meant the Chilcot inquiry will not now be able to publish its report for well over a year.”

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The Guardian, 16th July 2012

Source: www.guardian.co.uk

Regina v A (B) – WLR Daily

Regina v A (B) [2012] EWCA Crim 1529; [2012] WLR (D) 199

“Whether an offence charged involved an assault on, or injury or threat of injury to, the spouse or civil partner of the person charged, so that the spouse or civil partner was a compellable witness under section 80(2A)(3) of the Police and Criminal Evidence Act 1984, was to be determined solely by reference to the terms of the indictment and not by reference to the evidence to be adduced about the circumstances of the particular offence.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

Government outlines plans for fast-track justice – The Guardian

“‘Flash incarceration’ of offenders who breach court orders, widespread naming online of those convicted, more witnesses giving evidence via videolink and Sunday court sittings are among measures outlined in government plans to speed up justice.”

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The Guardian, 13th July 2012

Source: www.guardian.co.uk

A Local Authority v DS – An invitation to judicially review the Legal Services Commission? – Family Law Week

Posted July 11th, 2012 in costs, evidence, expert witnesses, families, news by tracey

“Chris McWatters and Sharon Love, barristers, of Garden Court Chambers consider the implications of the President’s Guidance on seeking prior approval of the LSC to adduce expert evidence in family proceedings.”

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Family Law Week, 10th July 2012

Source: www.familylawweek.co.uk

No backtrack on Freedom of Information Act – The Guardian

“Pressure from former senior Labour figures, including Tony Blair and Jack Straw, as well as Whitehall mandarins, to ‘turn back the clock’ on freedom of information legislation has been decisively rejected by an all-party group of MPs.”

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The Guardian, 8th July 2012

Source: www.guardian.co.uk

Self-incrimination rights apply if accused has allegedly misused personal information, Supreme Court rules – OUT-LAW.com

Posted July 6th, 2012 in confiscation, evidence, interception, news, self-incrimination by tracey

“Individuals’ right not to self-incriminate themselves is lost if it is alleged that they misused confidential technical or commercial information, the UK Supreme Court has said.”

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OUT-LAW.com, 5th July 2012

Source: www.out-law.com

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted June 29th, 2012 in disclosure, evidence, foreign jurisdictions, law reports by tracey

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs: [2012] EWHC 1737 (Admin);  [2012] WLR (D)  185

“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”

WLR Daily, 26th June 2012

Source: www.iclr.co.uk

Court refuses to compel evidence on unlawful rendition in foreign proceedings – UK Human Rights Blog

Posted June 29th, 2012 in evidence, foreign jurisdictions, news, rendition, torture by tracey

“Omar & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2012] EWHC 1737 (Admin) (26 June 2012) . The Divisional Court has ruled that common law principles cannot be used to obtain evidence from the Foreign Secretary for use in a foreign court.”

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UK Human Rights Blog, 28th June 2012

Source: www.ukhumanrightsblog.com

Mark Duggan coroner threatens police watchdog over delays – The Guardian

Posted June 28th, 2012 in complaints, contempt of court, coroners, evidence, inquests, news, police by sally

“A coroner has threatened the Independent Police Complaints Commission with contempt of court for refusing to hand over material relating to their investigation into the police shooting of Mark Duggan.”

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The Guardian, 28th June 2012

Source: www.guardian.co.uk

Talking About Reform – Speech by Mr Justice Ryder

Posted June 26th, 2012 in bills, civil justice, courts, evidence, family courts, judiciary, speeches by sally

Talking About Reform (PDF)

Speech by Mr Justice Ryder

Public Child Care Law Conference, 26th June 2012

Source: www.judiciary.gov.uk

Regina (C) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (J) Same – WLR Daily

Posted June 26th, 2012 in evidence, law reports, photography, police by sally

Regina (C) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (J) Same [2012] EWHC 1681 (Admin); [2012] WLR (D) 182

“The statutory discretion for the police to retain custody photographs obtained from criminal suspects who were subsequently not proceeded against or acquitted did not extend to the retention of photographs taken from all suspects for a substantial and potentially indefinite period, in breach of their right to privacy.”

WLR Daily, 22nd June 2012

Source: www.iclr.co.uk

Taking stock after Abu Qatada: Assurances, secret detention and evidence in closed proceedings – UK Human Rights Blog

“The Court of Appeal recently issued its judgment in XX v Secretary of State for the Home Department [2012] EWCA Civ 742, an appeal from a decision of the Special Immigration Appeals Commission (‘SIAC’) upholding the Secretary of State’s decision to deport an Ethiopian national on grounds of national security.”

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UK Human Rights Blog, 24th June 2012

Source: www.ukhumanrightsblog.com

Badger cull ‘not legal or scientific’, high court will hear – The Guardian

Posted June 25th, 2012 in animals, environmental protection, evidence, judicial review, lobbying, news by sally

“The bitter battle over the government’s plan to kill thousands of badgers reaches the high court on Monday, when the Badger Trust will tell a judicial review that the action is neither legal nor scientifically justified.”

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The Guardian, 25th June 2012

Source: www.guardian.co.uk

XX (Ethiopia) v Secretary of State for the Home Department (JUSTICE intervening) – WLR Daily

Posted June 20th, 2012 in appeals, deportation, evidence, human rights, law reports, terrorism, torture by sally

XX (Ethiopia) v Secretary of State for the Home Department (JUSTICE intervening) [2012] EWCA Civ 742; [2012] WLR (D) 177

“The rule on the exclusion of evidence obtained by torture was exceptional. It was not an abuse of process to admit evidence from security service officers obtained in secret detention facilities.”

WLR Daily, 15th June 2012

Source: www.iclr.co.uk

Trial begins of police officer accused of killing Ian Tomlinson – The Guardian

Posted June 18th, 2012 in demonstrations, evidence, homicide, news, police, trials, video recordings by sally

“The trial has begun of Simon Harwood, the police constable accused of killing Ian Tomlinson, who died shortly after he collapsed amid a major Metropolitan police operation around the G20 summit in London in April 2009.”

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The Guardian, 18th June 2012

Source: www.guardian.co.uk

Met police pays damages to phone-hacking solicitor accused of lying – The Guardian

Posted June 15th, 2012 in compensation, defamation, evidence, interception, news, police by sally

“The solicitor who spearheaded the campaign to bring Scotland Yard’s failings over phone hacking to light has accepted damages from police after false claims that he gave dishonest evidence to a parliamentary inquiry.”

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The Guardian, 14th June 2012

Source: www.guardian.co.uk

July 21 failed suicide bombers fight conviction – Daily Telegraph

Posted June 12th, 2012 in appeals, evidence, human rights, legal representation, news, terrorism by sally

“Three of the July 21 failed suicide bombers are using the European Court of Human Rights to try and overturn their convictions, The Daily Telegraph can disclose.”

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Daily Telegraph, 12th June 2012

Source: www.telegraph.co.uk

Trimingham case is an example of value judgments obscuring legal ones – The Guardian

Posted May 29th, 2012 in evidence, freedom of expression, harassment, homosexuality, media, news, privacy by tracey

“While the judge’s reasons for finding against Trimingham are clear, the conclusions to be drawn for future harassment cases against the media are not.”

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The Guardian, 28th May 2012

Source: www.guardian.co.uk

Police denied TV footage of Dale Farm evictions – UK Human Rights Blog

Posted May 24th, 2012 in disclosure, evidence, freedom of expression, media, news, police, travellers by sally

“The police failed to satisfy the court that their need for footage taken by TV organisations was likely to be of substantial value to criminal investigations and therefore would be a justified interference with the rights of a free press under Article 10 of the Human Rights Convention.”

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UK Human Rights Blog, 24th May 2012

Source: www.ukhumanrightsblog.com

Data extracted from suspects’ mobiles retained in accordance with strict privacy guidelines, The Met says – OUT-LAW.com

Posted May 22nd, 2012 in data protection, evidence, news, police, privacy, telecommunications by sally

“Information collected from suspects’ mobile phones using new data extraction technology is retained in accordance with strict guidelines that protect individuals’ privacy, the Metropolitan Police Service (The Met) has said.”

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OUT-LAW.com, 22nd May 2012

Source: www.out-law.com