Criminal: General defences – Law Society’s Gazette

‘In R v Riddell [2017] EWCA Crim 413 the court confirmed that self-defence can potentially be a defence to allegations of both dangerous and careless driving. Even though dangerous driving does not inherently involve the use of force, there may be a need for responsive force in particular circumstances. The availability of the defence will depend on the force used in the driving in those circumstances. The court observed that it would be wrong for self-defence to be available when driving off to avoid injury but unavailable to nudge someone away when fearing violence.’

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Law Society's Gazette, 27th November 2017

Source: www.lawgazette.co.uk

Firearms officer wins case against Cleveland police over racism – The Guardian

Posted November 26th, 2015 in employment tribunals, hearsay evidence, news, police, race discrimination, racism by tracey

‘PC Nadeem Saddique, who guarded Tony Blair and royal family members, wins employment tribunal after complaining to his inspector in 2011 over incidents.’

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The Guardian, 25th November 2015

Source: www.guardian.co.uk

A change in the landscape for victimless prosecutions? – Park Square Barristers

Posted March 19th, 2015 in domestic violence, hearsay evidence, news, prosecutions, victims by sally

‘As the Crown Prosecution Service places increasing focus on securing convictions in domestic-violence cases, there is a sense that victimless prosecutions have become far more common, particularly in the Magistrates’ Courts.’

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Park Square Barristers, 6th March 2015

Source: www.parksquarebarristers.co.uk

ECHR cases won by UK government show flexibility of human rights system – The Guardian

‘Strasbourg human rights court is ready to admit it gets things wrong when presented with good arguments.’

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The Guardian, 17th December 2014

Source: www.guardian.co.uk

Lord Neuberger on the Supreme Court: Five key cases from its first five years – The Independent

‘From euthanasia to high-speed rail, the highest in the land has an almost limitless remit.’

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The Independent, 12th October 2014

Source: www.independent.co.uk

The Importance of Being Earnest – NearlyLegal

“We have seen Santander having trouble in mortgage possession proceedings in Northern Ireland recently. Here is another example which could perhaps, indeed maybe should, have been avoided, if the lender had actually taken proceedings sufficiently seriously.”

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NearlyLegal, 11th October 2013

Source: www.nearlylegal.co.uk

Financial Services Authority v Asset L I Inc (trading as Asset Land Investment Inc) and others – WLR Daily

Posted February 13th, 2013 in estoppel, financial regulation, hearsay evidence, law reports, news by sally

Financial Services Authority v Asset L I Inc (trading as Asset Land Investment Inc) and others [2013] EWHC 178 (Ch); [2013] WLR (D) 54

“Arrangements amounting to collective investment schemes within the meaning of section 235 of the Financial Services and Markets Act 2000, or more generally, were not inchoate or imperfect contracts that were displaced if their parties entered into a form of understanding or contract.”

WLR Daily, 8th February 2013

Source: www.iclr.co.uk

Admission of hearsay evidence: the six principle questions – Halsbury’s Law Exchange

Posted November 27th, 2012 in appeals, hearsay evidence, judgments, news by sally

“In R v Riat the Court of Appeal provided valuable guidance concerning the approach that the domestic courts should adopt when hearsay evidence is tendered in criminal proceedings.”

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Halsbury’s Law Exchange, 26th November 2012

Source: www.halsburyslawexchange.co.uk

When is Supreme better than Grand? – One Inner Temple Lane

Posted November 7th, 2012 in hearsay evidence, news, precedent, Supreme Court by sally

“With its recent twin judgements of R v Riat & Others [2012] EWCA Crim 1509 and R v Ibrahim [2012] EWCA Crim 837 the Court of Appeal have finally dealt with the fallout from the long running spat over the correct approach to hearsay evidence which had been taking place between the British and European courts.”

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One Inner Temple Lane, 7th November 2012

Source: www.1itl.com

Regina v Chinn – WLR Daily

Posted March 19th, 2012 in admissibility, hearsay evidence, law reports, witnesses by sally

Regina v Chinn [2012] EWCA 501; [2012] WLR (D) 82

“Where a witness’s oral evidence in chief indicated that he had earlier made a witness statement and to the best of his belief he had made the statement concerned and that the statement stated the truth, and the statement identified or described a person, object or place connected with an alleged offence or other relevant event, those parts of the witness statement would be admissible under section 120(5) of the Criminal Justice Act 2003. However, other parts of the witness statement, which went beyond identification or description of the person object or place, would not be admissible under section 120(4) and (5).”

WLR Daily, 15th March 2012

Source: www.iclr.co.uk

At last, Strasbourg heeds our supreme court – The Guardian

Posted December 15th, 2011 in hearsay evidence, human rights, news, Supreme Court by sally

“Today’s al-Khawaja judgment shows the European Court of Human Rights is listening to UK judgesToday’s al-Khawaja judgment shows the European Court of Human Rights is listening to UK judges.”

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The Guardian, 15th December 2011

Source: www.guardian.co.uk

European court backs British judges over hearsay evidence – The Guardian

Posted December 15th, 2011 in appeals, hearsay evidence, human rights, news, Supreme Court by sally

“Hearsay evidence can be used as the sole means of securing a criminal conviction where no other evidence is available, the European court of human rights (ECHR) has ruled.”

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The Guardian, 15th December 2011

Source: www.guardian.co.uk

Lord Irvine: human rights law developed on false premise – The Guardian

“British courts have been slavishly following the jurisprudence of the European court of human rights and misinterpreting the Human Rights Act (HRA), according to the architect of the legislation.”

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The Guardian, 14th December 2011

Source: www.guardian.co.uk

Strasbourg’s ruling on hearsay evidence could change its relationship with UK – The Guardian

Posted December 12th, 2011 in hearsay evidence, human rights, news by sally

“The European court of human rights is considering a challenge by the UK supreme court to its ban on hearsay evidence.”

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The Guardian, 12th December 2011

Source: www.guardian.co.uk

‘Hearsay evidence’ ban in doctor’s abuse case – The Independent

Posted June 22nd, 2011 in child abuse, doctors, hearsay evidence, news by sally

“An internationally renowned children’s heart specialist won a High Court action yesterday to prevent hearsay evidence being used against him in a case involving allegations of child abuse.”

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The Independent, 22nd June 2011

Source: www.independent.co.uk

Bonhoeffer QC: ‘unlawful’ to admit hearsay evidence – The Independent

Posted April 11th, 2011 in child abuse, expert witnesses, hearsay evidence, news by sally

“A key witness in a case involving allegations of child abuse against a celebrated children’s doctor is prepared to fly to London to give evidence at a General Medical Council hearing, a court heard today.”

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The Independent, 8th April 2011

Source: www.independent.co.uk

Criminal law: use of hearsay evidence; professional conduct – Law Society’s Gazette

Posted February 12th, 2010 in bad character, hearsay evidence, news, professional conduct by sally

“The Supreme Court in R v Horncastle [2009] UKSC14 has upheld the decision of the Court of Appeal that, in appropriate circumstances, the Crown may rely wholly or mainly on hearsay evidence to establish its case. The Court of Appeal had, however, emphasised the need to check the reliability of the hearsay evidence in such situations.”

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Law Society’s Gazette, 11th February 2010

Source: www.lawgazette.co.uk

Regina v Horncastle and anotherl; Regina v Marquis and another – WLR Daily

Posted December 10th, 2009 in hearsay evidence, human rights, law reports, victims by sally

Regina v Horncastle and anotherl; ReginaMarquis and another [2009] UKSC 14; [2009] WLR (D) 358

“Provided the provisions of the Criminal Justice Act 2003 were observed, a defendant’s right to a fair trial, guaranteed art 6(3)(d) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, would not be infringed where his conviction was based solely or to a decisive extent on the written statement of an absent witness.”

WLR Daily, 10th 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.

Regina v Horncastle; Regina v Blackmore; Regina v Marquis; Regina v Graham; Regina v Carter – Times Law Reports

Posted June 3rd, 2009 in hearsay evidence, law reports, witnesses by sally

Regina v Horncastle; Regina v Blackmore; Regina v Marquis; Regina v Graham; Regina v Carter

Court of Appeal (Criminal Division)

“A criminal trial could be fair although the defence did not have the opportunity of examining every prosecution witness.”

The Times, 3rd June 2009

Source: www.timesonline.co.uk

R v Horncastle and another; R v Marquis and another; R v Carter – WLR Daily

Posted May 28th, 2009 in hearsay evidence, human rights, law reports by sally

R v Horncastle and another; R v Marquis and another; R v Carter [2009] EWCA Crim 964; [2009] WLR (D) 173

“There would be no breach of art 6, and in particular art 6(3)(d), of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if a criminal conviction were based solely or to a decisive degree on the evidence of an identified but absent witness, provided the provisions of the Criminal Justice Act 2003 were observed.”

WLR Daily, 27th May 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.