standard of proof – Current Awareness

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

Change to evidential standard could lead to more suicide verdicts – OUT-LAW.com

Posted September 7th, 2018 in burden of proof, inquests, news, standard of proof, suicide by tracey

‘A recent decision on the evidential standard of proof required for a coroner or jury to return a conclusion of suicide could lead to an increased number of “suicide” conclusions being upheld, and a change in the rules surrounding the burden of proof applied at inquests in the future.’

OUT-LAW.com, 7th September 2018

Source: www.out-law.com

Standard of Proof for Suicide in Inquests: R (on the application of Thomas Maughan) v Senior Coroner for Oxfordshire [2018] EWHC 1955 (Admin) – Henderson Chambers

Posted August 9th, 2018 in inquests, news, standard of proof, suicide by sally

‘On 26 July, Leggatt LJ, sitting with Nicol J, handed down a judgment that challenges the long-held view that suicide must be proved to the criminal standard of proof in an inquest. Leggatt LJ, considering the purpose of modern coroner’s courts and the relevant jurisprudence, held that the correct standard of proof to be applied is the normal civil standard of balance of probabilities.’

Henderson Chambers, 31st July 2018

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

New balance of probabilities test for suicide verdict – Owain Thomas QC – UK Human Rights Blog

Posted July 30th, 2018 in inquests, news, standard of proof, suicide by sally

‘The received wisdom, supported by all leading texts on coroner’s law is that in order for a Coroner or jury to return a verdict of suicide in an inquest, the fact that the deceased deliberately took his own life must be established beyond a reasonable doubt, or in other words, to the criminal standard of proof.’

UK Human Rights Blog, 28th July 2018

Source: ukhumanrightsblog.com

Jerome Jones v Birmingham City Council – Arden Chambers

Posted June 12th, 2018 in appeals, ASBOs, gangs, human rights, injunctions, local government, news, standard of proof, treaties by sally

‘The Court of Appeal has held that proceedings for a gang injunction under Part 4, Policing and Crime Act 2009 (the “2009 Act”) and an anti-social behaviour injunction under Part 1, Anti-social Behaviour, Crime and Policing Act 2014 (the “2014 Act”) do not involve the determination of a criminal charge and therefore do not engage Articles 6(2) or 6(3) of the European Convention on Human Rights (“ECHR”). Nor does the requirement of a fair trial under Article 6(1) require the criminal standard of proof to be applied.’

Arden Chambers, 23rd May 2018

Source: www.ardenchambers.com

Not guilty, but probably dishonest – New Law Journal

Posted June 1st, 2018 in disciplinary procedures, news, solicitors, standard of proof, tribunals by sally

‘John Gould puts disciplinary procedures & the standard of proof required by the Solicitors Disciplinary Tribunal under the spotlight.’

New Law Journal, 1st June 2018

Source: www.newlawjournal.co.uk

Court of Appeal upholds Birmingham gang injunction – UK Human Rights Blog

Posted May 31st, 2018 in appeals, ASBOs, freedom of movement, gangs, injunctions, news, standard of proof by sally

‘The Court of Appeal has upheld a ‘gang injunction’ restricting the actions and movement of 18 members of a Birmingham gang. One of the men affected, Jerome Jones, unsuccessfully challenged the injunction, arguing that the proceedings by which it was made properly required proof to the criminal standard, and that the application of the civil standard violated his right to a fair trial under Article 6 ECHR.’

UK Human Rights Blog, 31st May 2018

Source: ukhumanrightsblog.com

BSB to lower standard of proof in disciplinary cases as it names new chair – Legal Futures

Posted November 27th, 2017 in barristers, disciplinary procedures, news, professional conduct, standard of proof by sally

‘The standard of proof in disciplinary cases involving barristers is being lowered to the balance of probabilities following a decision yesterday by the Bar Standards Board (BSB).’

Legal Futures, 24th November 2017

Source: www.legalfutures.co.uk

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