High Court rejects appeal from “I like what I see” solicitor – Legal Futures

‘The High Court has rejected an appeal against a £20,000 fine imposed on a male law firm owner who said “mmm, I like what I see” to a young woman applying for a paralegal position.’

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Legal Futures, 3rd October 2023

Source: www.legalfutures.co.uk

Gangs and Anti-Social Behaviour Injunctions – Standard of Proof – St Ives Chambers

‘On 19 July 2023 the Supreme Court handed down judgment in the case of Jones v Birmingham City Council and another [2023] UKSC 27. The facts of the case involved allegations of gang related drug dealing activity which resulted in a without notice application for an injunction and power of arrest against Mr Jones and 17 others believed to be involved in a notorious Birmingham gang. Interim injunctions orders with powers of arrest were made pursuant to s34 Policing and Crime Act 2009 and Part 1 of the Anti Social Behaviour Crime and Policing Act 2014 and, in relation to Mr Jones specifically, a final injunction and power of arrest were made (pursuant to the 2009 Act only) which had the effect of prohibiting him from entering large parts of the city centre.’

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St Ives Chambers, 21st July 2023

Source: www.stiveschambers.co.uk

Court of Appeal on credibility, standard of proof and appellate court’s role – EIN Blog

Posted June 8th, 2023 in appeals, asylum, news, standard of proof, tribunals by tracey

‘MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 (28 February 2023). The central issue in this appeal was whether the Upper Tribunal was entitled to reach the conclusion that the appellant’s claim for international protection failed because of his lack of credibility.’

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EIN Blog, 7th June 2023

Source: www.ein.org.uk

Sexual assault victim who named her attacker in blog defeats his libel action – The Guardian

‘A woman who wrote about being sexually assaulted, naming her attacker, has defeated a libel action he brought against her after a judge ruled that her account was true on the balance of probabilities.’

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The Guardian, 27th April 2023

Source: www.theguardian.com

The Thirteen Axioms of Fact-finding – Ropewalk Chambers

‘Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out “drylining”, namely putting up plasterboards during house construction.’

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Ropewalk Chambers, 1st March 2023

Source: ropewalk.co.uk

Sexual Risk Orders: Lowering the Standard – Doughty Street Chambers

‘Sexual Risk Orders (‘SRO’) under section 122A of the Sexual Offences Act 2003 (‘the 2003 Act’) were introduced in 2015 by the Anti-Social Behaviour, Crime and Policing Act 2014. Unlike the similar Sexual Harm Prevention Orders introduced at the same time, SROs may be obtained without a criminal conviction for a sexual offence. Being civil orders obtained in the Magistrates’ Court the applicant authority (a police force or the National Crime Agency) is able to rely on the admissibility of hearsay evidence under the Civil Evidence Act 1995 (‘the 1995 Act’) and the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999. However, the Police, Crime, Sentencing and Courts Act 2022 significantly altered the process by amending section 122A(6) to state that the court need only be satisfied on the balance of probabilities that a defendant has done at least one act of a sexual nature as alleged. Previously, the standard of proof had been held to be the criminal standard, though the statute was silent as to the standard required. This amendment took effect on 29 November 2022 and there has already been a noticeable upsurge in the number of applications for these Draconian orders.’

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Doughty Street Chambers, 12th March 2023

Source: insights.doughtystreet.co.uk

Schrödinger’s Defendants: Inquests, Unlawful Killing and Criminal Acquittals – UK Human Rights Blog

Posted February 7th, 2023 in homicide, inquests, news, standard of proof, unlawful killing by sally

‘Three recent cases indicate a substantial change in law and practice, with inquests now seemingly free to make a determination of unlawful killing notwithstanding the acquittal of a defendant at a criminal trial.’

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UK Human Rights Blog, 6th February 2023

Source: ukhumanrightsblog.com

New Judgment: Commissioners for His Majesty’s Revenue and Customs v NHS Lothian Health Board (Scotland) 2022 UKSC [28] – UKSC Blog

Posted October 20th, 2022 in burden of proof, EC law, evidence, news, Scotland, standard of proof, Supreme Court, VAT by sally

‘This appeal concerns the correct approach to evidence and the burden and standard of proof in the context of historic claims for the recovery of input Value Added Tax (“VAT”). Input tax is the VAT incurred when the taxpayer buys in supplies which it uses for the purpose of a business activity.’

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UKSC Blog, 19th October 2022

Source: ukscblog.com

Family of teenager stabbed to death gets judicial review into inquest findings – The Independent

‘The family of a teenager stabbed to death in an upmarket Cheshire village has won the right to have a judicial review into his inquest findings.’

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The Independent, 18th May 2022

Source: www.independent.co.uk

Landlords win appeals over “unfair” FTT proceedings where – in absence of hearing – criminal offences found to have been committed – Local Government Lawyer

‘Three private landlords have won appeals at the Upper Tribunal (Lands Chamber) over whether the criminal standard of proof was met in rent disputes at the First Tier Tribunal (FTT).’

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Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

Reflections on Maughan: disclosure in inquests – Henderson Chambers

‘Inquests are not adversarial proceedings. However, the Supreme Court decision in Maughan (lowering the standard of proof for an inquest conclusion of ‘unlawful killing’ to the balance of probabilities) has left practitioners concerned about the ability of the coronial process to protect Interested Persons (“IPs”) from the serious reputational damage such a conclusion will inevitably cause. This article looks at one critical part of the process, namely disclosure.’

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Henderson Chambers, 19th January 2021

Source: www.hendersonchambers.co.uk

Standard of Proof and the Chief Coroner’s Law Sheet No.6 – Maughan and Beyond – Parklane Plowden Chambers

‘On 13th January 2021, the new Chief Coroner, HHJ Teague QC, published Law Sheet No.6. This new guidance comes exactly two months after the Supreme Court gave judgment on 13th November 2020 in the case of R (on the application of Thomas Maughan) v. HM Senior Coroner for Oxfordshire [2020] UKSC 46 where it ruled by majority that all conclusions in coronial inquests, whether short form or narrative, are to be determined on the civil standard of proof: the balance of probabilities.’

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Parklane Plowden Chambers, 19th January 2021

Source: www.parklaneplowden.co.uk

Legal Professional Privilege: Breach of a Company Director’s Duties and the Iniquity Exception in Practice – Exchange Chambers

‘LPP has been described as “a fundamental condition on which the administration of justice as a whole rests” (R v Derby Magistrates’ Court, Ex p B [1996] AC 487, 507). In the last few years there has been a significant amount of litigation relating to documents subject to LPP (see for instance Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 and Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600). This is perhaps not surprising given how valuable and sensitive such documents will be in any litigation or investigation by a regulator. Each of these cases tests the boundaries of LPP. The recent decision of Tom Leech QC sitting as a judge of the High Court in Barrowfen is one such decision and particularly important for those who advise directors or are bringing or defending a claim against directors. Barrowfen is an important decision on the iniquity exception in the context of allegations of breaches by a director of his statutory duties under the Companies Act 2006.’

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Exchange Chambers, 4th January 2021

Source: www.exchangechambers.co.uk

A duty of care – what does the new standard of proof in inquests mean? – 5SAH

‘On the 11th of July 2016 a prisoner Mr James Maughan was found dead in his prison cell having hanged himself. The investigation into the factual circumstances surrounding his death found that he had a history of mental health issues and had previously made threats of self-harm. The evening before his death he had been in an agitated state.’

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5SAH, 7th January 2021

Source: www.5sah.co.uk

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.’

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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

‘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.’

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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.’

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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.’

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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

‘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.’

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UKSC Blog, 13th November 2020

Source: ukscblog.com

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

‘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.’

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UK Human Rights Blog, 13th November 2020

Source: ukhumanrightsblog.com