Category: evidence

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

Tony Blair to give evidence in public in Iraq war inquiry – The Guardian

Posted November 13th, 2009 in evidence, inquiries, Iraq, news by sally

“Tony Blair is set to give evidence in public to the Iraq war inquiry in the run-up to the next election, it was announced last night.”

The Guardian, 13th November 2009

Source: www.guardian.co.uk

Move to withhold evidence in torture collusion claim – The Guardian

Posted October 28th, 2009 in damages, evidence, intelligence services, news, private hearings, rendition, torture by sally

“Any evidence of MI5 and MI6 involvement in the rendition and torture of Britons now seeking damages must be heard behind closed doors, the government told the high court today (27 October).”

The Guardian, 27th October 2009

Source: www.guardian.co.uk

Alan Johnson ‘stops the clock’ on Gary McKinnon’s extradition proceedings – The Times

Posted October 27th, 2009 in computer crime, evidence, extradition, mental health, news by sally

“The Home Secretary has thrown a lifeline to Gary McKinnon, the alleged computer hacker, with a promise to examine new medical evidence “very carefully” before deciding on his extradition to the United States.”

The Times, 27th October 2009

R v Ghulam; [2009] WLR (D) 303

R v Ghulam – WLR Daily

Posted October 23rd, 2009 in evidence, fitness to plead, insanity, law reports, statutory interpretation by sally

“The word ‘determination’ in s 4(6) of the Criminal Procedure (Insanity) Act 1964 refers only to a determination that a defendant is unfit to plead so that, where that provision’s requirement for evidence from two or more registered medical practitioners to be before the court has not been met, the trial judge is not bound to adjourn the trial but may properly conclude that the defendant is fit to plead and that the trial may continue.”

WLR Daily, 22nd October 2009

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

Guantanamo Bay ‘torture’ ruling threatens intelligence sharing with US – Daily Telegraph

Posted October 19th, 2009 in disclosure, evidence, intelligence services, news, torture by sally

“The future of intelligence sharing between Britain and the United States is under threat after judges ruled secret evidence relating to the the torture allegedly suffered by Binyam Mohamed, a former Guantanamo Bay inmate, should be released.”

Daily Telegraph, 17th October 2009

Source: www.telegraph.co.uk

Police errors mean girl’s killer may never be found – The Independent

Posted October 16th, 2009 in evidence, news, police, professional conduct by sally

“Officers to be disciplined over poor handling of covert surveillance operation.”

The Independent, 16th October 2009

Source: www.independent.co.uk

Should intercept evidence on terror suspects be made admissible in court? – The Times

Posted September 17th, 2009 in evidence, interception, news, terrorism by sally

“The control orders regime for detaining suspects who have been neither charged nor prosecuted has been widely discredited.”

The Times, 17th September 2009

Fake video footage ‘persuades half of people to wrongly accuse others of crime’ – Daily Telegraph

Posted September 17th, 2009 in closed circuit television, evidence, news, witnesses by sally

“Fake video footage can persuade almost half of viewers to accuse people of crimes they have not committed, new research suggests.”

Full story

Daily Telegraph, 17th September 2009

Source: www.telegraph.co.uk

R v Greene – WLR Daily

Posted August 25th, 2009 in criminal procedure, evidence, law reports, witnesses by sally

R v Greene

“Where a judge ruled that a witness could be treated as a hostile in examination at trial within the meaning of s 3 of the Criminal Procedure Act 1865 by the party calling him, but that witness did not in the event prove to be hostile, the judge was still obliged to warn the jury to approach that witness’s evidence with some caution, and the nature of that direction depended on the particular circumstances of the case.”

WLR Daily, 14th August 2009

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

Desmond v Bower – Times Law Reports

Posted August 4th, 2009 in defamation, evidence, law reports by sally

Desmond v Bower

Court of Appeal

“A defendant who wished to call similar-fact evidence to justify an alleged libel was entitled to do so even though the evidence related to events after the libel was published.”

The Times, 4th August 2009

Desmond v Bower [2009] EWCA Civ 667; [2009] WLR (D) 258

Desmond v Bower – WLR Daily

Posted July 29th, 2009 in defamation, evidence, law reports by sally

“The reasoning of the judge refusing the defendant in a libel trial permission to call evidence of discreditable behaviour by the claimant subsequent to the alleged libel was a matter of law in which the appellate court was entitled to intervene. Evidence of discreditable behaviour similar to that described in the alleged libel could be admitted even though the evidence concerned behaviour subsequent to the libel.”

WLR Daily, 28th July 2009

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

File loss blunder in rape case – BBC News

Posted July 29th, 2009 in DNA, double jeopardy, evidence, news, rape by sally

“A man suspected of raping a woman 12 years ago cannot face prosecution, as the police have lost the case file.”

BBC News, 28th July 2009

Source: www.bbc.co.uk

The Big Question: Will phone tapping convict more people, and why are its opponents so worried? – The Independent

Posted July 23rd, 2009 in evidence, interception, news by sally

“Why are we asking this now?

Because a government watchdog has warned against the use of phone-tap evidence in court, following mock trials in which its use gave every indication of being a disaster. Sir Paul Kennedy, the Interception of Communications Commissioner and a former Lord Justice of Appeal, said he could see no way to overcome problems with such evidence, and that the Government should drop its plans. Use of the technique at trials through March and April revealed “real legal and operational difficulties inherent in using intercept as evidence in the UK”, he said, before adding: “I cannot see a way to safely overcome these”. Aside from the immediate question of whether the law should be changed, intercepted phone calls have come under the spotlight with increasing frequency. Andy Coulson, the former News of the World editor who now advises David Cameron, revealed this week that he had his phone bugged during his reign at the paper. Last year Sadiq Khan, a Labour MP, had his phone bugged during conversations with a constituent who was suspected of involvement in terrorism.”

The Independent, 23rd July 2009

Source: www.independent.co.uk

Gordon Brown’s plans to use phone tapping evidence in court thrown into chaos – The Times

Posted July 22nd, 2009 in evidence, interception, news, terrorism by sally

“The proposed use of phone tapping evidence to secure convictions in terrorist and criminal trials has been shown in secret tests to be unworkable.”

The Times, 22nd July 2009

Met ‘missed opportunities’ over Baby P – BBC News

Posted July 16th, 2009 in child abuse, evidence, news, police by sally

“Police missed opportunities to gather evidence about the ill-treatment of Baby Peter in the months before his death, according to an unpublished report.”

R v Erskine; R v Williams [2009] EWCA Crim 1425; [2009] WLR (D) 241

BBC News, 16th July 2009

Source: www.bbc.co.uk

R v Erskine; R v Williams – WLR Daily

Posted July 16th, 2009 in appeals, diminished responsibility, evidence, law reports, murder by sally

“Where an appeal against a conviction for murder raised the issue of diminished responsibility for the first time, the parties should provide the court with a detailed analysis of the relevant facts in order to assist the court in deciding whether evidence not adduced at trial should be heard on appeal.”

WLR Daily, 15th July 2009

Regina v Knaggs [2009] EWCA Crim 1363; [2009] WLR (D) 239

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

Regina v Knaggs – WLR Daily

Posted July 15th, 2009 in confiscation, evidence, guilty pleas, law reports by sally

“A defendant who had pleaded guilty to an offence without any challenge to the facts by way of a Newton hearing was not thereby debarred, as a matter of law, from challenging the prosecution evidence for the purposes of a confiscation hearing.”

WLR Daily, 14th July 2009

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

Lords ruling reduces contracts’ certainty, says expert – OUT-LAW.com

Posted July 3rd, 2009 in contracts, evidence, interpretation, news by sally

“A landmark House of Lords ruling will undermine the certainty of contracts and could make it more expensive to take cases over contract interpretation to court, according to a contract law expert.”

Chartbrook Ltd and another v Persimmon Homes Ltd and another [2009] UKHL 38; [2009] WLR (D) 223

OUT-LAW.com, 2nd July 2009

Source: www.out-law.com

Chartbrook Ltd and another v Persimmon Homes Ltd and another – WLR Daily

Posted July 2nd, 2009 in contracts, evidence, interpretation, law reports, rectification by sally

“The admission of pre-contractual negotiations as an aid to the construction of a contract would create uncertainty of outcome in disputes over interpretation and would add to the cost of advice and litigation. The law of contract was designed to enforce promises with a high degree of predictability and if conventional meanings and syntax were to be displaced by inferences drawn from pre-contractual negotiations, the less predictable the outcome was likely to be. The availability of the remedies of rectification and estoppel by convention were safeguards which would in most cases prevent any injustice caused by the exclusion of that evidence.”

WLR Daily, 1st July 2009