Category: standard of proof

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.’

Full Story

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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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).’

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Legal Futures, 24th November 2017

Source: www.legalfutures.co.uk

Civil standard of proof set to be adopted for professional misconduct proceedings for barristers – Bar Standards Board

Posted November 24th, 2017 in barristers, disciplinary procedures, press releases, professional conduct, standard of proof by tracey

‘Following a public consultation earlier this year, the Bar Standards Board (BSB) has decided to change the standard of proof applied when barristers, and others regulated by the BSB, face disciplinary proceedings for professional misconduct. Subject to approval from the Legal Services Board (LSB), the standard of proof will change from the criminal standard (“beyond reasonable doubt”) to the civil standard (“on the balance of probabilities”). The change will bring the Bar’s disciplinary arrangements in line with most other professions.’

Full press release

Bar Standards Board, 24th November 2017

Source: www.barstandsboard.org.uk

Legal Services Board told not to force lower disciplinary standard of proof “through the back door” – Legal Futures

Posted September 29th, 2017 in disciplinary procedures, Law Society, Legal Services Board, news, solicitors, standard of proof, tribunals by sally

‘The Legal Services Board (LSB) has been warned against trying to force the introduction of the civil standard of proof in the Solicitors Disciplinary Tribunal (SDT) without proper consultation.’

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Legal Futures, 29th September 2017

Source: www.legalfutures.co.uk

Change in disciplinary standard of proof “will incentivise barristers to deliver good services”, says consumer panel – Legal Futures

Posted September 12th, 2017 in barristers, consumer protection, disciplinary procedures, news, standard of proof by tracey

‘The Legal Services Consumer Panel has given strong backing to the Bar Standards Board’s (BSB) proposal to reduce the standard of proof in disciplinary proceedings from the criminal to the civil standard.’

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Legal Futures, 12th September 2017

Source: www.legalfutures.co.uk

S v Director of Public Prosecutions – WLR Daily

Posted June 1st, 2017 in appeals, burden of proof, law reports, road traffic, standard of proof, young offenders, youth courts by sally

S v Director of Public Prosecutions [2017] EWHC 1162 (Admin)

‘The defendant was charged with an offence of tampering with a motor vehicle contrary to section 25 of the Road Traffic Act 1988 and tried before justices in the Youth Court. The justices dismissed a submission by the defendant that there was no case to answer and, having heard evidence from the defendant and considered the burden and standard of proof, the justices convicted him. A contemporaneuos note of the justices’ reasons read, inter alia: “We listened to the [defendant’s] evidence which did not persuade us that there was no intention to tamper with the [motor vehicle]. We are therefore sure you are guilty.”’

WLR Daily, 18th May 2017

Source: www.iclr.co.uk

BSB consults on changing the standard of proof used in professional misconduct proceedings for barristers – Bar Standards Board

Posted May 3rd, 2017 in barristers, consultations, disciplinary procedures, press releases, professional conduct, standard of proof by tracey

‘The Bar Standards Board (BSB) has today launched a new consultation about the standard of proof applied when barristers and others regulated by the BSB face disciplinary proceedings for professional misconduct.’

Full story

Bar Standards Board, 2nd May 2017

Source: www.barstandardsboard.org.uk

Suicide is a national crisis. The law must stop hiding its true extent – The Guardian

Posted January 10th, 2017 in coroners, mental health, news, standard of proof, statistics, suicide, young persons by sally

‘It’s the UK’s leading cause of death for young people, but the way suicides are recorded may reduce the true number by 30-50% while perpetuating stigma.’

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The Guardian, 9th January 2017

Source: www.guardian.co.uk