Category: standard of proof

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.’

Full Story

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.’

Full Story

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.’

Full Story

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).’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full story

The Guardian, 9th January 2017

Source: www.guardian.co.uk

Court upholds 5-year ASBO preventing harassment of local authority employees – Local Government Lawyer

Posted February 12th, 2016 in ASBOs, harassment, local government, news, standard of proof by sally

‘The Administrative Court has upheld an anti-social behaviour order prohibiting a man from engaging in any behavior likely to cause harassment, alarm or distress to any of a local authority’s employees for five years.’

Full story

Local Government Lawyer, 11th February 2016

Source: www.localgovernmentlawyer.co.uk

Dalsouple Societe Saumuroise du Caoutchouc v Dalsouple Direct Ltd and another – WLR Daily

Posted December 4th, 2014 in consent, EC law, law reports, news, standard of proof, trade marks by sally

Dalsouple Societe Saumuroise du Caoutchouc v Dalsouple Direct Ltd and another [2014] EWHC 3963 (Ch); [2014] WLR (D) 511

‘A person consenting to the registration of a trade mark for the purposes of article 4(5) of Parliament and Council Directive 2008/95/EC must unequivocally demonstrate his intention to renounce his rights. An express statement of consent would satisfy that requirement.’

WLR Daily, 1st December 2014

Source: www.iclr.co.uk

Regina v Avanzi – WLR Daily

Posted February 12th, 2014 in appeals, consent, Court of Protection, interpretation, law reports, learning difficulties, sexual offences, standard of proof by sally

Regina v Avanzi [2014] extempore; [2014] WLR (D) 55

‘When at issue, the burden of proving incapacity under the Sexual Offences Act 2003 fell on the party asserting it, namely the Crown, who had to discharge the burden to the criminal standard of proof and make the jury sure the complainant did not have the capacity to consent.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Court of Appeal to rule on standard of proof in ‘follow the settlement’ clause dispute – OUT-LAW.com

Posted January 31st, 2014 in insurance, law reports, standard of proof by sally

‘The Court of Appeal is to consider the standard of proof to be applied in unqualified ‘follow the settlement’ clauses in deciding whether a claim falls within the risks covered by the reinsurance policy following a recent High Court judgment.’

Full story

OUT-LAW.com, 30th January 2014

Source: www.out-law.com

Proving Match Fixing: Lessons from the Stephen Lee case – Sports Law Bulletin from Blackstone Chambers

Posted November 19th, 2013 in disciplinary procedures, disqualification, evidence, news, sport, standard of proof, tribunals by sally

“The career-ending 12 year ban imposed on World No.8 snooker player Stephen Lee in September this year shook the snooker world. But the Decision of the sports disciplinary tribunal holds an important lesson for the fight against sport-fixing more generally.”

Full story

Sports Law Bulletin from Blackstone Chambers, 18th November 2013

Source: www.sportslawbulletin.org

Children: Public Law Update (April 2013) – Family Law Week

Posted April 19th, 2013 in appeals, care orders, child abuse, children, domestic violence, news, standard of proof, Supreme Court by tracey

“John Tughan, barrister of 4 Paper Buildings, examines two important recent judgments: the Supreme Court’s decision in J (Children) and the Court of Appeal’s in M (A Child).”

Full story

Family Law Week, 18th April 2013

Source: www.familylawweek.co.uk

In re J (Children) (Care Proceedings: Standard of Proof) – WLR Daily

Posted April 5th, 2012 in child abuse, children, law reports, standard of proof by sally

In re J (Children) (Care Proceedings: Standard of Proof) [2012] EWCA Civ 380; [2012] WLR (D) 111

In looking to the threshold criteria identified within section 31 of the Children Act 1989, and addressing the problem of the unidentified perpetrator of violence to a child or children where the pool of perpetrators was limited, the courts had to apply, with great care, the authorities in the Court of Appeal and Supreme Court, where it was mooted that such authority was not compatible with certain decisions of the House of Lords.

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

In re S-B (Children) (Care Proceedings: Standard of Proof) – WLR Daily

Posted December 17th, 2009 in care orders, child abuse, law reports, parental responsibility, standard of proof by sally

In re S-B (Children) (Care Proceedings: Standard of Proof) [2009] UKSC 17; [2009] WLR (D) 365

“The test to be applied to the identification of a potential perpetrator, out of a pool of two or more potential perpetrators, who might have caused harm to a child was the balance of probabilities and that standard of proof did not vary according to the gravity of the misconduct alleged or the seriousness of the consequences for the persons concerned.”

WLR Daily, 15th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

A web page can be prior art without its authenticity being proved ‘up to the hilt’ – OUT-LAW.com

Posted July 8th, 2009 in internet, news, patents, standard of proof by sally

“An online news story that described a bank’s method for authenticating website visitors was valid evidence of prior art, the UK Intellectual Property Office (IPO) has ruled. The date on the web page could be taken at face value, it said.”

Full story

OUT-LAW.com, 7th July 2009

Source: www.out-law.com

R (O’Connor) v HM Coroner for the District of Avon (Visser intervening) – WLR Daily

Posted May 11th, 2009 in inquests, insanity, law reports, standard of proof by sally

R (O’Connor) v HM Coroner for the District of Avon (Visser intervening) [2009] EWHC 854 (Admin); [2009] WLR(D); [2009] WLR (D) 150

“The test for a verdict of unlawful killing was not exclusively objective, it being necessary to find at least the mental element necessary for a criminal conviction of assault; and insanity, if properly raised on the evidence, had to be disproved to the criminal standard to sustain such a verdict.”

WLR Daily, 8th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.