Woman allegedly raped as a teenager calls for change after ‘horrendous’ trial – The Guardian

Posted March 13th, 2023 in cross-examination, news, rape, retrials, sexual offences, trials, victims, young persons by tracey

‘A woman who alleges that she was raped as a teenager by an older man has called for changes to the judicial process after finding the experience of going to trial traumatic.’

Full Story

The Guardian, 12th March 2023

Source: www.theguardian.com

Jurors trying Insulate Britain protesters fail to reach verdict – The Guardian

‘Three climate protesters who stopped traffic to bring rush hour chaos to the City of London face a possible retrial.’

Full Story

The Guardian, 2nd March 2023

Source: www.theguardian.com

Ryan Giggs trial: Jury discharged after failing to reach verdicts – BBC News

‘The jury in the trial of former Manchester United player Ryan Giggs has been discharged after failing to reach verdicts on any of the charges.’

Full Story

BBC News, 31st August 2022

Source: www.bbc.co.uk

Man gets suspended jail sentence for ‘offensive’ video of Grenfell Tower model – The Guardian

Posted April 21st, 2022 in news, racism, retrials, sentencing, suspended sentences, video recordings by sally

‘A man has been sentenced to 10 weeks, suspended for two years, after admitting sending a “grossly offensive” viral video of a cardboard model of Grenfell Tower being burned on a bonfire.’

Full Story

The Guardian, 20th April 2022

Source: www.theguardian.com

Jury foreman sentenced over internet research – Law Society’s Gazette

‘A foreman of a jury who carried out internet research that led to the conviction of a defendant has been given a suspended prison sentence. Timothy Chapman, 62, caused other members of the split jury at Huntingdon Crown Court to change their mind after using a search engine to ask the question: “How hard is it to break bones?”’

Full Story

Law Society's Gazette, 16th January 2022

Source: www.lawgazette.co.uk

Britain First activist faces retrial for alleged assault at hotel housing asylum seekers – The Independent

Posted November 12th, 2021 in assault, asylum, coronavirus, hotels, immigration, news, political parties, retrials by tracey

‘Magistrates have set aside the conviction of a Britain First activist accused of assaulting a security guard at a hotel housing asylum seekers. James White, 31, will face a retrial for assault at Coventry Magistrates’ Court on 7 March. He was found guilty of the offence in his absence on Monday, but the conviction was ruled unsafe two days later after his lawyer successfully argued proceedings had gone ahead unfairly.’

Full Story

The Independent, 11th November 2021

Source: www.independent.co.uk

Man who filmed Grenfell Tower model on bonfire faces retrial – The Guardian

Posted August 3rd, 2021 in internet, news, racism, retrials, video recordings by sally

‘A man who filmed a video of a cardboard model of Grenfell Tower being burned on a bonfire will face a second trial, the high court has ruled.’

Full Story

The Guardian, 30th July 2021

Source: www.theguardian.com

Appeal dismissed despite ‘inexcusable’ 34-month wait for ruling – Law Society’s Gazette

Posted May 21st, 2021 in appeals, banking, delay, loans, news, retrials by tracey

‘The Court of Appeal has dismissed an appeal made on the basis that the ruling in question was handed down 34 months after the conclusion of the trial.’

Full Story

Law Society's Gazette, 21st May 2021

Source: www.lawgazette.co.uk

High Court rejects claim that ‘stern’ judge was hostile towards LiPs – Law Society’s Gazette

Posted April 19th, 2021 in appeals, bias, judges, litigants in person, news, probate, retrials by tracey

‘The High Court has thrown out the suggestion that a judge was biased against three litigants in person, saying the deputy master was stern and showed signs of impatience but handled the case in a “fair and open-minded way.”‘

Full Story

Law Society's Gazette, 16th April 2021

Source: www.lawgazette.co.uk

Retrial-conviction cases: when is extradition proportionate? – 5SAH

Posted April 14th, 2021 in brexit, chambers articles, extradition, news, proportionality, retrials by sally

‘When is it proportionate to extradite a person for what appear to be minor offences where they are entitled to a retrial?’

Full Story

5SAH, 17th March 2021

Source: www.5sah.co.uk

Parents win fresh hearing in dispute over school named in EHC plan – Local Government Lawyer

‘The Upper Tribunal Administrative Appeals Chamber has ordered that a reconstituted panel of the First Tier Tribunal (FTT) should hear a dispute between the London Borough of Croydon and the parents of Child G over which school he should attend.’

Full Story

Local Government Lawyer, 26th August 2020

Source: www.localgovernmentlawyer.co.uk

No well-tuned cymbal: fairness in judges – UK Human Rights Blog

Posted June 5th, 2020 in appeals, chambers articles, defamation, judges, media, news, retrials, Supreme Court by sally

‘This is, to say the least, a rather unfortunate saga. The Claimant, Mr Serafin, brought a defamation claim against a Polish newspaper run by the Defendants. An article had alleged various things including that he was financially untrustworthy and was dishonest in his dealings with women. At trial before Jay J, he represented himself. He was comprehensively disbelieved by the judge. His claim was dismissed, in most cases because the judge found that the article was accurate, but in some instances because the defendants had a public interest defence under s. 4 Defamation Act 2013.’

Full Story

UK Human Rights Blog, 4th June 2020

Source: ukhumanrightsblog.com

New Judgment: Serafin v Malkiewicz & Ors [2020] UKSC 23 – UKSC Blog

‘Serafin had sued Malkiewicz & Ors for libel in respect of an article they had published about him in Nowy Czas, a newspaper addressing issues of interest to the Polish community in the UK. The Court of Appeal found that the conduct of the trial by Mr Justice Jay in the High Court had been unfair towards the claimant and allowed the claimant’s appeal. The defendants appealed against that finding to the Supreme Court. They also challenged the Court of Appeal’s analysis of the effect of the Defamation Act 2013, S4, which sets out “the public interest defence” to a defamation claim.’

Full Story

UKSC Blog, 3rd June 2020

Source: ukscblog.com

“Hostile” judge harassed litigant in person, Supreme Court rules – Litigation Futures

‘A High Court judge “harassed and intimidated” a litigant in person in ways which “surely would never have occurred if the claimant had been represented”, the Supreme Court has ruled.’

Full Story

Litigation Futures, 3rd June 2020

Source: www.litigationfutures.com

Supreme court orders libel case retrial over judge’s ‘barrage of hostility’ – The Guardian

‘The supreme court has ordered the re-trial of a long-running libel case after finding that a high court judge, Mr Justice Jay, subjected the unrepresented claimant to a “barrage of hostility” and offensive language.’

Full Story

The Guardian, 3rd June 2020

Source: www.theguardian.com

Coercive Control and the consequences of forfeiture – Challen v Challen [2020] EWHC 1330 – St John’s Chambers

‘Sally Challen’s case has become well known in recent years, as a miscarriage of justice that resulted in a woman spending years behind bars for an offence she did not commit. The facts were not in dispute. In August 2010 she had reconciled with Richard, her partner and husband of forty years, after previously leaving the matrimonial home and starting divorce proceedings. Over lunch, she beat him to death with a hammer. Subsequently dissuaded from committing suicide, she was convicted of his murder and sentenced to life imprisonment, with the prosecution describing her as jealous and possessive, and the jury rejecting her defence of diminished responsibility. In 2019 the Court of Appeal allowed her appeal, quashed her conviction, and directed a re-trial to reconsider the defences of diminished responsibility and provocation, in the light of new expert evidence about the effect of coercive control in a relationship. Richard had behaved appallingly towards Slly during their relationship. Finally in September 2019 the Crown accepted the plea that Sally Challen had offered throughout, that of guilty to manslaughter by reason of diminished responsibility. Edis J sentenced her to 9 years and 4 months imprisonment, with the effect that she was immediately released.’

Full Story

St John's Chambers, 28th May 2020

Source: www.stjohnschambers.co.uk

‘Miss Hitler’ and three others guilty of National Action membership – BBC News

Posted March 20th, 2020 in news, proscribed organisations, retrials, terrorism by sally

‘A “Miss Hitler” contest entrant and her ex-partner have been convicted of being members of the banned far-right terrorist group National Action.’

Full Story

BBC News, 19th March 2020

Source: www.bbc.co.uk

The unprecedented case of a third fact finding hearing – Garden Court Chambers

Posted March 3rd, 2020 in children, evidence, female genital mutilation, news, police, retrials by sally

‘The case concerns the following tragic background. A 10-year-old girl, S was found dead in her bedroom. She died of strangulation and suffered recent injuries to her genital area.’

Full Story

Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

‘Training is not enough’: Family lawyers target Tolson over ‘outdated’ views on consent – Law Society’s Gazette

‘Lawyers, campaigners and politicians are calling for wider action to be taken after a judge was condemned for employing “obsolescent concepts” on consent in a family case.’

Full Story

Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

Court of Appeal orders “unprecedented” second retrial in care proceedings following death of 10-year-old girl – Local Government Lawyer

‘The Court of Appeal has ordered a second retrial in care proceedings relating to five siblings following the death of a ten-year-old girl in 2016, describing the judgment from the first retrial as“wrong and procedurally unjust”.’

Full Story

Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk