When Coroners are unsure – Park Square Barristers

‘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

‘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

‘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

‘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

‘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

‘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

‘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

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

‘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.’

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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

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.’

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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

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.’

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OUT-LAW.com, 30th January 2014

Source: www.out-law.com