Expert’s evidence was extraordinary and “shot through with breath taking arrogance” – Practical Law: Construction Blog

Posted October 11th, 2017 in conflict of interest, disclosure, evidence, expert witnesses, judges, news, trials by tracey

‘For those of who have a weekly blog to populate with content, the court’s summer recess can prove to be a challenging time. It leads us to cast our net further afield looking for ideas and cases to highlight. That is why, this week, I’m looking at two cases from August, one a personal injury claim from the County Court in Leeds, the other an intellectual property dispute from the Chancery Division. What both have in common are some choice words about the parties’ expert evidence. I know Jonathan has looked at this topic twice in recent months but, as I said, we’ve had the summer recess and these comments are just too bloggable to be ignored!’

Full Story

Practical Law: Construction Blog, 10th October 2017

Source: constructionblog.practicallaw.com

Flasher conviction quashed because Facebook village gossip undermined fair trial – Daily Telegraph

‘A loner accused of chasing two women through a village while exposing himself has had his conviction quashed because residents had shared his image and gossiped about him on Facebook.’

Full Story

Daily Telegraph, 28th September 2017

Source: www.telegraph.co.uk

Czech slaves gang forced Plymouth victim to lie – BBC News

‘Four gang members have been jailed for forcing a slavery victim to withdraw evidence, causing a trial to collapse.’

Full Story

BBC News, 12th September 2017

Source: www.bbc.co.uk

Publishing salacious material as public interest besmirches press freedom – The Guardian

‘Seedy legal plea to name couple filmed having sex by police officer Adrian Pogmore is anything but a matter of high principle.’

Full Story

The Guardian, 13th August 2017

Source: www.theguardian.com

Trial of Cardiff Three police collapsed due to human error, inquiry finds – The Guardian

Posted July 19th, 2017 in disclosure, evidence, miscarriage of justice, murder, news, police, reports, trials by sally

‘The collapse of a trial of police officers accused of framing innocent men for murder collapsed due to human error, not corruption, an official report has concluded.’

Full Story

The Guardian, 18th July 2017

Source: www.theguardian.com

Party failed in bid to accept lapsed part 36 offer after start of trial – Litigation Futures

Posted July 13th, 2017 in news, part 36 offers, trials by tracey

‘The High Court has rejected an application by a claimant to accept a lapsed part 36 offer after seeing the way the trial of their case had begun, with the defendant now keen to “take its chances” on the outcome.’

Full Story

Litigation Futures, 12th July 2017

Source: www.litigationfutures.com

Shorter trials scheme case keeps costs under control – Litigation Futures

Posted July 11th, 2017 in costs, disclosure, news, pilot schemes, trials by sally

‘A contractual dispute between an oil trader and a biofuels manufacturer has shown the “possibilities for swift and litigation” under the High Court’s shorter trials scheme (STS), according to the barrister acting for the defendant.’

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Litigation Futures, 11th July 2017

Source: www.litigationfutures.com

Winning Advocacy in the Employment Tribunal – UK Police Law Blog

Posted June 29th, 2017 in advocacy, employment tribunals, news, police, trials, tribunals by sally

‘The David Hare screenplay for the recent film Denial contains the following advice to the client: ‘stay seated, button your lip, and win.’ This article seeks to plot a path for advocates to winning in large scale discrimination claims in the employment tribunal, based on the writer’s long experience of the ET and, more recently, briefs to act for the respondents in two high stakes cases, AB -v- A Chief Constable[i] and Aubrey -v- The Chief Constable of Northumbria Police[ii]. The suggested lessons apply to all types of large-scale claim in the ET.’

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UK Police Law Blog, 27th June 2017

Source: ukpolicelawblog.com

Judge rejects bid to move case out of IPEC because of claimant’s need for costs protection – Litigation Futures

Posted June 29th, 2017 in costs, courts, intellectual property, news, small businesses, trials by sally

‘A defendant’s bid to transfer a case from the Intellectual Property Enterprise Court (IPEC) to the High Court has been dismissed because of the costs risk the SME claimant would then face.’

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Litigation Futures, 28th June 2017

Source: www.litigationfutures.com

Winning Advocacy in the Employment Tribunal – UK Police Law Blog

Posted June 27th, 2017 in advocacy, employment tribunals, news, police, trials, tribunals by tracey

‘The David Hare screenplay for the recent film Denial contains the following advice to the client: “stay seated, button your lip, and win.” This article seeks to plot a path for advocates to winning in large scale discrimination claims in the employment tribunal, based on the writer’s long experience of the ET and, more recently, briefs to act for the respondents in two high stakes cases, AB -v- A Chief Constable[i] and Aubrey -v- The Chief Constable of Northumbria Police[ii]. The suggested lessons apply to all types of large-scale claim in the ET.’

Full Story

UK Police Law Blog, 27th June 2017

Source: ukpolicelawblog.com

Prevalence of all-male teams of counsel at Supreme Court “damaging diversity”, research finds – Legal Futures

Posted June 20th, 2017 in advocacy, barristers, diversity, judiciary, news, Supreme Court, trials by sally

‘Supreme Court judges should question the make-up of all-male teams of barristers appearing before the highest court in the land as their prevalence is damaging diversity in the profession, researchers have argued.’

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Legal Futures, 20th June 2017

Source: www.legalfutures.co.uk

Rolf Harris trial: Jury discharged as no verdicts reached – BBC News

Posted May 31st, 2017 in juries, news, sexual offences, trials, verdicts by sally

‘Former entertainer Rolf Harris has been cleared of four sex assault charges after a jury could not reach verdicts.’

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BBC News, 30th May 2017

Source: www.bbc.co.uk

35th Blackstone Lecture by Lady Justice Hallett: Trial by Jury – Past and Present – Courts and Tribunals Judiciary

‘It is a pleasure to have been asked to give this year’s Blackstone lecture. Lord Devlin at the outset of his Hamlyn Lectures in 1956 observed: that trial by jury was a subject on which it was not possible to ‘say anything very novel or very profound’. If not a subject suitable for original comment, why did I choose it?’

Full speech

Courts and Tribunals Judiciary, 22nd May 2017

Source: www.judiciary.gov.uk

Drawing the line: Experts, directions and the “ultimate issue” – Henderson Chambers

Posted May 16th, 2017 in appeals, expert witnesses, news, trials, witnesses by sally

‘How should a judge direct a jury where an expert witness has given their opinion on the “ultimate issue” to be decided in the case? The answer, the Court of Appeal has confirmed, is: carefully. In R v Sellu [2016] EWCA Crim 1716, the Court of Appeal overturned the conviction of the Appellant, a consultant surgeon, for gross negligence manslaughter on the grounds that the trial judge had failed to adequately direct the jury as to the meaning of gross negligence, in circumstances where expert witnesses had expressly given their view as to whether the conduct of the Appellant amounted to the same.’

Full story (PDF)

Henderson Chambers, 19th April 2017

Source: www.hendersonchambers.co.uk

High Court rejects litigation privilege claim in test case – Litigation Futures

Posted May 11th, 2017 in civil justice, crime, disclosure, documents, fraud, news, privilege, prosecutions, trials by tracey

‘The High Court has rejected a mining company’s claim for litigation privilege in a test case which for the first time involves potential criminal, rather than civil, litigation.’

Full story

Litigation Futures, 10th May 2017

Source: www.litigationfutures.com

Phone-hacking cases continue 10 years after ‘rogue reporter’ jailed – The Guardian

Posted May 2nd, 2017 in damages, interception, media, news, telecommunications, trials by sally

‘Ten years ago the News of the World’s royal editor, Clive Goodman, and the private investigator Glenn Mulcaire were jailed for intercepting the voicemails of aides to Prince William and Prince Harry. Andy Coulson resigned from his position as editor of the tabloid shortly afterwards, and an internal investigation concluded phone hacking had been the work of one “rogue reporter”.’

Full story

The Guardian, 1st May 2017

Source: www.guardian.co.uk

Unreliable ATE Policies – A Warning for Defendants – Radcliffe Chambers

Posted April 6th, 2017 in costs, insurance, news, part 36 offers, trials by sally

‘The recent decision in Denso Manufacturing UK Ltd v Great Lakes Reinsurance (UK) plc [2017] EWHC 391 (Comm) highlights the fact that defendants should not be confident that, if a claim fails, the unsuccessful claimants’ ATE policies will pay out’

Full story (PDF)

Radcliffe Chambers, 3rd April 2017

Source: www.radcliffechambers.com

Video Link Evidence in the Commercial Court: Potential Pitfalls – Hardwicke Chambers

‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’

Full story

Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Rape victims to be spared ordeal of cross-examination in court – The Guardian

Posted March 20th, 2017 in cross-examination, news, rape, sexual offences, trials, victims, video recordings by tracey

‘New measures to spare alleged rape victims from facing live cross-examination in court will be rolled out as part of changes being made by the justice secretary.’

Full story

The Guardian, 19th March 2017

Source: www.guardian.co.uk

Greater protection for rape victims and children at risk of grooming – Ministry of Justice

‘New offence of sexual communication with a child will be introduced, and measures to support victims of sex crimes accelerated.’

Full press release

Ministry of Justice, 19th March 2017

Source: www.gov.uk/government/organisations/ministry-of-justice