Regina v Cooper (John) – WLR Daily

Posted May 10th, 2010 in appeals, evidence, law reports, perjury, witnesses by sally
“Where a defendant was charged with perjury, he could not be convicted solely on the evidence of a witness who relied on business records which he had prepared himself and which did not therefore represent independent evidence.”
WLR Daily, 7th May 2010

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Al Rawi and others v Security Service and others – WLR daily

Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111

“It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a closed material procedure in respect of the trial of an ordinary civil claim such as a claim for damages for tort or breach of statutory duty.”

WLR Daily, 5th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Former Guantánamo detainees set for payouts after winning secrecy appeal – The Guardian

“British residents held at Guantánamo Bay could be offered millions of pounds in compensation for wrongful imprisonment and abuse after the court of appeal today dismissed an attempt by MI5 and MI6 to suppress evidence of alleged complicity in torture.”

Full story

The Guardian, 4th May 2010

Source: www.guardian.co.uk

Government cannot use secret evidence in Guantánamo torture case, court rules – The Guardian

Posted May 4th, 2010 in evidence, intelligence services, news, torture by sally

“Secret evidence cannot be used in a civil damages claim being brought by six former Guantánamo Bay detainees, the court of appeal ruled today.”

Full story

The Guardian, 4th May 2010

Source: www.guardian.co.uk

Guantanamo damages claimants to hear evidence ruling – BBC News

“Six former Guantanamo Bay detainees are to hear if an appeal has succeeded against government use of secret evidence to fight their damages claim.”

Full story

BBC News, 4th May 2010

Source: www.bbc.co.uk

Inquiry call after video evidence clears man accused of violence at protest – The Guardian

Posted March 25th, 2010 in evidence, news, video recordings, violent disorder by sally

“Lawyers have called for an inquiry into the prosecution of a man accused of violent disorder at demonstrations after claiming that the police delayed releasing vital video footage which proved his innocence.”

Full story

The Guardian, 25th March 2010

Source: www.guardian.co.uk

Solicitor General to examine ‘News of the World’ hacking – The Independent

Posted March 15th, 2010 in evidence, interception, media, news, police, telecommunications by sally

“The News of the World phone-hacking scandal took a fresh twist yesterday as it emerged that Britain’s second most senior law officer is to examine concerns of collusion between the newspaper and police.”

Full story

The Independent, 14th March 2010

Source: www.independent.co.uk

Noble v Owens – WLR Daily

Posted March 12th, 2010 in appeals, evidence, fraud, judgments, law reports, setting aside by sally

Noble v Owens [2010] EWCA Civ 224; [2010] WLR (D) 73

 “Where fresh evidence was adduced in the Court of Appeal tending to show that the judge at first instance had been deliberately misled the court would only allow the appeal and order a retrial where the fraud was either admitted or the evidence of it was incontrovertible. In any other case, the issue of fraud had to be determined before the judgment of the court below could be set aside.”

WLR Daily, 11th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Children should give evidence, says Supreme Court – Law Society’s Gazette

Posted March 11th, 2010 in children, evidence, news, Supreme Court, trials by sally

“Children in family proceedings should be called to give live evidence in court if the advantage it would bring in deciding the case outweighs the risk of harm to the welfare of the child, the Supreme Court ruled last week.”

Full story

Law Society’s Gazette, 11th March 2010

Source: www.lawgazette.co.uk

Courts distrust evidence from social workers – The Guardian

Posted March 8th, 2010 in evidence, expert witnesses, judiciary, news, social services by sally

“Courts are refusing applications to take children into care because some members of the judiciary hold social workers in such low esteem that they do not trust their evidence, it will be claimed this week in a major study.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR Daily

Posted February 17th, 2010 in evidence, law reports, privilege, without prejudice communications by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others [2010] EWCA Civ 79; [2010] WLR (D) 40

“There was not, and need not be, an exception to the ‘without prejudice’ rule such as to permit evidence of ‘without prejudice’ communications and discussions to be given if there was a dispute about the interpretation of a written settlement agreement.”

WLR Daily, 16th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

News of the World loses battle over secret phone hacking evidence – The Guardian

Posted February 4th, 2010 in evidence, media, news, telecommunications by sally

“The News of the World yesterday lost a court battle to keep secret evidence which, it is claimed, would reveal widespread use of illegal methods by reporters to obtain personal information about celebrities.”

Full story

The Guardian, 3rd February 2010

Source: www.guardian.co.uk

Police could be in breach of human rights legislation for using secret footage of hunts, say lawyers – Daily Telegraph

Posted February 2nd, 2010 in evidence, hunting, news, police, privacy by sally

“Police forces that use video surveillance of hunts recorded by animal rights groups could be breaking the law, under new guidance.”

Full story

Daily Telegraph, 2nd February 2010

Source: www.telegraph.co.uk

Is divorce law fair? – Daily Telegraph

Posted January 22nd, 2010 in divorce, evidence, news by sally

“A multimillionaire faces Britain’s biggest divorce payout. Is Lisa Tchenguiz right to demand £100m of her husband’s wealth?”

Full story

Daily Telegraph, 22nd January 2010

Source: www.telegraph.co.uk

Dog walker killer can challenge conviction – BBC News

Posted January 20th, 2010 in appeals, evidence, murder, news by sally

“A man convicted last year of murdering a woman as she walked her dog in 1996 has been given permission to challenge his conviction by the appeal court.”

Full story

BBC News, 19th January 2010

Source: www.bbc.co.uk

Using intercept evidence in court ‘not yet viable’ – BBC News

Posted December 10th, 2009 in admissibility, evidence, interception, news by sally

“The use of intercept evidence in criminal trials is not yet ‘legally or practically viable’, the independent reviewer of terror laws has said.”

Full story

BBC News, 10th December 2009

Source: www.bbc.co.uk

R (Adams) v Secretary of State for Justice – WLR Daily

Posted December 4th, 2009 in compensation, evidence, law reports, miscarriage of justice by sally

R (Adams) v Secretary of State for Justice [2009] EWCA Civ 1291; [2009] WLR (D) 350

“A convicted person seeking compensation as a result of reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there had been a miscarriage of justice had to show that the facts had been unknown to the convicted person during the trial process or an in-time appeal. Incompetence by legal representatives in deploying those facts at trial was not envisaged as something going seriously wrong in the conduct of the trial such as to constitute a miscarriage of justice.”

WLR Daily, 3rd December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Baby P emails: judge demands explanation from Ofsted – The Guardian

Posted December 2nd, 2009 in child abuse, disclosure, evidence, news, social services by sally

“Newly disclosed court documents suggest Ofsted inspectors who wrote a damning report on Haringey children’s services were ordered to delete emails relating to Baby Peter and the council, a high court judge disclosed today.”

Full story

The Guardian, 2nd December 2009

Source: www.guardian.co.uk

Judges rule against government over secret evidence in terror cases – The Guardian

Posted December 1st, 2009 in bail, evidence, news, terrorism by sally

“Two men suspected of terrorism-related activities won a landmark high court battle today when judges ruled that a person could not be denied bail solely on the basis of secret evidence.”

Full story

The Guardian, 1st December 2009

Source: www.guardian.co.uk

Ban intercept evidence in terror trials, advises Lord Carlile – The Guardian

Posted November 25th, 2009 in admissibility, evidence, interception, news, terrorism by sally

“Intercept evidence should not be allowed into British terror trials, the government’s terrorism reviewer said today.”

Full story

The Guardian, 24th November 2009

Source: www.guardian.co.uk