standard of proof – Current Awareness

Suicide and the burden of proof – Law Society’s Gazette

Posted December 1st, 2020 in burden of proof, coroners, inquests, news, standard of proof, suicide by sally

‘Although suicide was decriminalised more than 60 years ago, it was still always necessary to meet the criminal standard of proof when reaching a finding that someone had taken their own life. But this month, in a departure from this common understanding, the Supreme Court in R (Maughan) v HM Coroner for Oxfordshire [2020] UKSC 46 found that the ‘degree of conclusivity’ required was, in fact, the civil standard – the balance of probabilities.’

Law Society's Gazette, 30th November 2020

Source: www.lawgazette.co.uk

Supreme Court reduces standard of proof for suicide and unlawful killing in inquest conclusions – Park Square Barristers

Posted November 25th, 2020 in appeals, chambers articles, death in custody, inquests, mental health, news, prisons, standard of proof, suicide, Supreme Court, unlawful killing by sally

‘The Supreme Court has on 13 November 2020 handed down the judgment in this case concerning the appropriate standard of proof for conclusions at inquests.’

Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

More Likely Than Not: The Civil Standard of Proof Applies to All Short-Form and Narrative Conclusions at Inquests – Ropewalk Chambers

Posted November 19th, 2020 in coroners, inquests, news, standard of proof, suicide, Supreme Court, verdicts by sally

‘By a majority of three to two, the Supreme Court has held that the standard of proof for findings of suicide and unlawful killing at an inquest is the balance of probabilities: R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020]
UKSC 46.’

Ropewalk Chambers, 16th November 2020

Source: www.ropewalk.co.uk

Supreme Court lowers standard of proof for inquests – Law Society’s Gazette

Posted November 17th, 2020 in coroners, inquests, news, standard of proof, suicide, Supreme Court, verdicts by sally

‘The Supreme Court has today lowered the standard of proof for all conclusions in inquest proceedings, including unlawful killing and suicide, in a decision that could have wide-reaching implications for the recording of deaths in England and Wales.’

Law Society's Gazette, 13th November 2020

Source: www.lawgazette.co.uk

New Judgment: R (on the application of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46 – UKSC Blog

Posted November 16th, 2020 in appeals, coroners, inquests, judicial review, Ministry of Justice, news, standard of proof, suicide, Supreme Court, unlawful killing by sally

‘By a majority the Supreme Court has dismissed this appeal concerning the standard of proof, or degree of conclusivity, required for the determination of the result of an inquest into a death where the question is whether the deceased committed suicide.’

UKSC Blog, 13th November 2020

Source: ukscblog.com

Maughan: Suicide and Unlawful Killing Conclusions in Inquests – UK Human Rights Blog

Posted November 16th, 2020 in appeals, coroners, inquests, news, standard of proof, suicide, Supreme Court, unlawful killing by sally

‘The Supreme Court has now issued its judgment in this important case for Coroners and inquests dealing with the standard of proof to be applied where the death might have been caused by suicide or unlawful killing.’

UK Human Rights Blog, 13th November 2020

Source: ukhumanrightsblog.com

Use of force by police: what is the standard for determining misconduct? – UK Human Rights Blog

Posted October 30th, 2020 in appeals, disciplinary procedures, firearms, human rights, news, police, professional conduct, standard of proof, unlawful killing by sally

‘The Court of Appeal has delivered a judgment in R (Officer W80) v Director General of the Independent Officer for Police Conduct [2020] EWCA Civ 1301 regarding the applicable conduct standard and provisions governing police in cases of use of force.’

UK Human Rights Blog, 28th October 2020

Source: ukhumanrightsblog.com

Rapper Ceon Broughton wins appeal against manslaughter conviction following festival death of Louella Fletcher-Michie – Garden Court Chambers

Posted August 28th, 2020 in appeals, causation, chambers articles, criminal justice, drug abuse, drug offences, expert witnesses, homicide, negligence, news, standard of proof by sally

‘Ceon Broughton, a rapper jailed over the death of his partner Louella Fletcher-Michie from a drug overdose at Bestival has won his appeal against his manslaughter conviction. Broughton’s conviction in 2019 and seven-year prison sentence for manslaughter was quashed on 18 August 2020 by the Court of Appeal. The appeal was heard before The Lord Chief Justice of England and Wales Lord Burnett, Mr Justice Sweeney and Mr Justice Murray.’

Garden Court Chambers, 18th August 2020

Source: www.gardencourtchambers.co.uk

‘Lawful object’ – Section 4(1) of the Explosive Substances Act 1883 – KCH Garden Sq

Posted August 28th, 2020 in appeals, burden of proof, chambers articles, explosives, news, standard of proof, statutory interpretation, Supreme Court by sally

‘On the 11 March 2020 the Supreme Court gave their judgment in the case of R v Copeland [2020] UKSC 8. This case concerned the interpretation of the Explosive Substances Act 1883 (‘the Act’), section 4(1). This provides that anyone who makes or has in their possession explosive substances is liable to prosecution unless they can show it was ‘for a lawful object’. Specifically, the Court considered the meaning of what constituted ‘a lawful object’ and the case is likely to be of some interest to those involved in counter-terrorism matters.’

KCH Garden Sq, August 2020

Source: kchgardensquare.co.uk

Court overturns man’s conviction for girlfriend’s Bestival drug death – The Guardian

Posted August 19th, 2020 in appeals, criminal justice, drug abuse, expert witnesses, homicide, juries, negligence, news, standard of proof by sally

‘The rapper Ceon Broughton has had his conviction for the manslaughter of his girlfriend overturned by the court of appeal.’

The Guardian, 18th August 2020

Source: www.theguardian.com

Depp libel trial reveals problems of proof in domestic violence cases – The Guardian

Posted July 29th, 2020 in compensation, cross-examination, damages, defamation, domestic violence, evidence, injunctions, media, news, standard of proof by tracey

‘Despite being a libel case, Depp v News Group Newspapers Ltd & Another felt more like a criminal trial at the Old Bailey, or a domestic violence hearing in the family courts.’

The Guardian, 28th July 2020

Source: www.theguardian.com

Case Comment: Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC and others [2020] UKSC 24 – UKSC Blog

Posted June 30th, 2020 in competition, consumer credit, damages, EC law, news, standard of proof, Supreme Court by sally

‘In this case comment, David Bridge, Kenny Henderson, Jessica Foley, Devina Shah and Imtiyaz Chowdhury who all work within the Dispute Resolution team at CMS, comment on the decision handed down earlier this month by the UK Supreme Court in this matter of Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC and others [2020] UKSC 24.’

UKSC Blog, 30th June 2020

Source: ukscblog.com

Rights & Wrongs? Standard of proof in dishonesty cases considered by the Court of Appeal – Hardwicke Chambers

Posted May 12th, 2020 in banking, conspiracy, fraud, illegality, news, standard of proof by sally

‘The standard of proof in dishonesty cases: simple to state, difficult to apply. In Bank St Petersburg PJSC v Arkhangelsky [2020] EWCA Civ 408 the difficulty led the Court of Appeal to reverse an experienced High Court judge’s dismissal of a counterclaim. The matter was remitted after a 46 day trial spread over 6 months in 2016, 22 months waiting for a 388 page judgment and nearly 2 years waiting for the Court of Appeal decision on 18 March 2020. Jack Dillon and Amy Held consider the implications.’

Hardwicke Chambers, 10th May 2020

Source: hardwicke.co.uk

Case Preview: R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire – UKSC Blog

Posted February 10th, 2020 in appeals, bereavement, coroners, death in custody, inquests, judicial review, news, prisons, standard of proof, suicide, Supreme Court, unlawful killing by sally

‘This case concerns the standard of proof applicable in inquest proceedings in cases of alleged suicide. It raises important and fundamental questions concerning the conduct of inquests, and will be of particular significance to bereaved families where the deceased is alleged to have committed suicide while in the care or custody of the state. The Supreme Court may also consider the position in relation to findings of unlawful killing.’

UKSC Blog, 7th February 2020

Source: ukscblog.com

Green light for civil standard of proof at SDT – Legal Futures

Posted July 30th, 2019 in civil justice, consultations, disciplinary procedures, Legal Services Board, news, professional conduct, solicitors, standard of proof by sally

‘The Legal Services Board (LSB) has approved the change in the standard of proof used by the Solicitors Disciplinary Tribunal (SDT) to the civil standard.’

Legal Futures, 29th July 2019

Source: www.legalfutures.co.uk

Free speech victory or charter for higher costs? – Law Society’s Gazette

Posted July 10th, 2019 in appeals, bills, costs, defamation, freedom of expression, media, news, standard of proof, Supreme Court by sally

‘The Supreme Court’s recent clarification of the ‘serious harm’ threshold for defamation claims has been welcomed by newspapers as a victory for free speech. In fact, it is more likely to mean escalating costs and uncertainty for claimants and defendants alike.’

Law Society's Gazette, 8th July 2019

Source: www.lawgazette.co.uk

SDT president: Concerns over civil standard of proof “misplaced” – Legal Futures

Posted June 26th, 2019 in civil justice, disciplinary procedures, employment tribunals, Law Society, Legal Services Board, news, solicitors, standard of proof, statistics by sally

‘Concerns over the decision of the Solicitors Disciplinary Tribunal (SDT) to move from the criminal to the civil standard of proof are “misplaced”, the tribunal’s president has said.’

Legal Futures, 26th June 2019

Source: www.legalfutures.co.uk

When Coroners are unsure – Park Square Barristers

Posted December 12th, 2018 in burden of proof, coroners, firearms, inquests, news, Northern Ireland, police, standard of proof, terrorism by sally

‘The Court held that a Coroner was entitled to remain unsure about the particulars of the death of an individual who was shot by a member of the Royal Ulster Constabulary.’

Park Square Barristers, 16th November 2018

Source: www.parksquarebarristers.co.uk

Barristers to face new standard of proof in disciplinary cases – Law Society’s Gazette

Posted October 15th, 2018 in barristers, consultations, disciplinary procedures, Legal Services Board, news, professional conduct, solicitors, standard of proof by tracey

‘The Legal Services Board (LSB) has granted permission for the bar regulator to change the standard of proof applied in disciplinary proceedings, a move which could make it easier for barristers to be sanctioned.’

Law Society's Gazette, 12th October 2018

Source: www.lawgazette.co.uk

Standard of proof: Barristers warned against “defensive lawyering” – Legal Futures

Posted September 13th, 2018 in barristers, disciplinary procedures, news, professional conduct, standard of proof by tracey

‘It would be “extremely disappointing” if barristers’ became more defensive in their behaviour as a result of lowering the standard of proof for disciplinary matters, the Bar Standards Board (BSB) has said.’

Legal Futures, 13th September 2018

Source: www.legalfutures.co.uk

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