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

Michael Weir guilty of 1998 ‘double jeopardy’ murders – BBC News

Posted November 15th, 2019 in DNA, double jeopardy, forensic science, murder, news, retrials by tracey

‘A jewel thief who beat two elderly people to death in their own homes has been convicted of their murders two decades on.’

Full Story

BBC News, 14th November 2019

Source: www.bbc.co.uk

A short judgment must be a careful judgment… or risk a retrial – Practical Law Dispute Resolution Blog

Posted October 29th, 2019 in judgments, news, reasons, retrials by sally

‘It is sometimes said that a judgment is written for the losing party; all that the winning party cares about is that it has won. However, a recent Court of Appeal decision is a salutary reminder that when a judgment is not carefully written, the failure to give adequate reasons for the conclusions may lead to a retrial, and so give the losing party a second bite at the cherry. All litigants, winners and losers, should take note.’

Full Story

Practical Law Dispute Resolution Blog, 1st October 2019

Source: disputeresolutionblog.practicallaw.com

Joint authorship does not require writing contribution – OUT-LAW.com

Posted October 29th, 2019 in copyright, joint ventures, news, retrials by tracey

‘Contributors of ideas for TV programmes, films or other creative works can be considered joint authors of those works even if they do not write the scripts, the Court of Appeal in London has confirmed.’

Full Story

OUT-LAW.com, 29th October 2019

Source: www.pinsentmasons.com

Hillsborough match commander David Duckenfield retrial – The Guardian

‘The former South Yorkshire police chief superintendent who was in command of the 1989 FA Cup semi-final at Sheffield Wednesday’s Hillsborough football ground when 96 people were killed in a crush, will on Monday begin his retrial on the criminal charge of manslaughter.’

Full Story

The Guardian, 2nd October 2019

Source: www.theguardian.com

Unhappy paralegal refused discrimination claim rerun – Legal Futures

Posted August 27th, 2019 in disability discrimination, news, paralegals, retrials by sally

‘An employment tribunal has refused to reconsider a decision that comprehensively rejected a disability discrimination claim brought by a paralegal who worked for well-known personal injury firm Ralli.’

Full Story

Legal Futures, 27th August 2019

Source: www.legalfutures.co.uk

CA orders retrial after High Court judge’s “inadequate” ruling – Litigation Futures

Posted August 13th, 2019 in appeals, Commercial Court, documents, evidence, judges, news, retrials by tracey

‘The Court of Appeal has “reluctantly” ordered the retrial of a Commercial Court case after finding that the judge failed to address all the evidence before him.’

Full Story

Litigation Futures, 13th August 2019

Source: www.litigationfutures.com

Hillsborough police chief will face retrial, judge rules – The Guardian

‘The former South Yorkshire police chief superintendent who was in command of the 1989 FA Cup semi-final at Hillsborough, where 96 people were killed, will face a retrial on a charge of gross negligence manslaughter, a judge has ruled.’

Full Story

The Guardian, 25th June 2019

Source: www.theguardian.com

South Wales Police misconduct officer Rebecca Bryant sacked – BBC News

‘A police officer has been sacked after lying about knowing a juror in a murder trial, leading to three convictions being quashed and a retrial.’

Full Story

BBC News, 20th June 2019

Source: www.bbc.co.uk