Retrial-conviction cases: when is extradition proportionate? – 5SAH
‘When is it proportionate to extradite a person for what appear to be minor offences where they are entitled to a retrial?’
5SAH, 17th March 2021
Source: www.5sah.co.uk
Category: retrials
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.’
Local Government Lawyer, 26th August 2020
Source: www.localgovernmentlawyer.co.uk
No well-tuned cymbal: fairness in judges – UK Human Rights Blog
‘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.’
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.’
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.’
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.’
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.’
St John's Chambers, 28th May 2020
Source: www.stjohnschambers.co.uk
‘Miss Hitler’ and three others guilty of National Action membership – BBC News
‘A “Miss Hitler” contest entrant and her ex-partner have been convicted of being members of the banned far-right terrorist group National Action.’
BBC News, 19th March 2020
Source: www.bbc.co.uk
The unprecedented case of a third fact finding hearing – Garden Court Chambers
‘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.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.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”.’
Local Government Lawyer, 15th November 2019
Source: www.localgovernmentlawyer.co.uk
Michael Weir guilty of 1998 ‘double jeopardy’ murders – BBC News
‘A jewel thief who beat two elderly people to death in their own homes has been convicted of their murders two decades on.’
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
‘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.’
Practical Law Dispute Resolution Blog, 1st October 2019
Joint authorship does not require writing contribution – OUT-LAW.com
‘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.’
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.’
The Guardian, 2nd October 2019
Source: www.theguardian.com
Unhappy paralegal refused discrimination claim rerun – Legal Futures
‘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.’
Legal Futures, 27th August 2019
Source: www.legalfutures.co.uk
CA orders retrial after High Court judge’s “inadequate” ruling – Litigation Futures
‘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.’
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.’
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.’
BBC News, 20th June 2019
Source: www.bbc.co.uk
Cricketer Alex Hepburn facing jail after being found guilty of rape – Daily Telegraph
‘A professional cricketer, who had sex with a sleeping woman as part of a WhatsApp sexual conquest game, has been found guilty of rape following a retrial.’
Daily Telegraph, 12th April 2019
Source: www.telegraph.co.uk
