trials – Current Awareness

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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

Posted May 23rd, 2017 in civil justice, criminal justice, evidence, judges, juries, negligence, news, personal injuries, speeches, trials by tracey

‘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

Posted April 5th, 2017 in diplomats, EC law, foreign jurisdictions, international law, international relations, live link evidence, news, practice directions, treaties, trials, witnesses by sally

‘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

Posted March 20th, 2017 in bills, children, cross-examination, Ministry of Justice, pilot schemes, press releases, rape, sexual offences, trials, victims, video recordings by tracey

‘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

Reforms to cross-examination by alleged abusers in the Prisons and Courts Bill – Family Law Week

Posted March 8th, 2017 in cross-examination, domestic violence, judges, legislation, news, practice directions, trials, victims, witnesses by tracey

‘Mark Roscoe, barrister of The 36 Group, outlines the provisions which the Government proposes to insert into section 31 of the Matrimonial and Family Proceedings Act 1984.’

Full story

Family Law Week, 7th March 2017

Source: www.familylawweek.co.uk

Civil procedure update: new rules – make sure you know what’s coming! – Zenith PI Blog

Posted February 28th, 2017 in budgets, civil procedure rules, costs, fees, news, sanctions, trials by tracey

‘On 3rd February 2017 the Civil Procedure (Amendment) Rules 2017 were made. The majority of these rules will come into force on 6th April 2017.’

Full story

Zenith PI, 28th February 2017

Source: www.zenithpi.wordpress.com

Judge in ‘crash for cash case’ dismisses jury and takes case on himself after jurors were offered bribes outside the courtroom – Daily Telegraph

Posted February 23rd, 2017 in bribery, conspiracy, fraud, homicide, judges, juries, news, trials by sally

‘A judge used a rare legal power to dismiss a jury and take the case on himself after jurors said they were offered bribes outside the courtroom.’

Full story

Daily Telegraph, 22nd February 2017

Source: www.telegraph.co.uk

Violent abusers to be prevented from cross-examining ex-partners in court – The Guardian

Posted February 13th, 2017 in bills, cross-examination, domestic violence, evidence, family courts, legal representation, Ministry of Justice, news, rape, trials, victims, video recordings, women by sally

‘Domestic violence victims will no longer face the threat of being interrogated by their former partners in court under proposed legislation.’

Full story

The Guardian, 12th February 2017

Source: www.guardian.co.uk

Fathers4 (Access2) Justice: Administrative Court ruling on the public’s right to attend court hearings and the Court Service’s limited powers of control – UK Human Rights Blog

Posted February 9th, 2017 in civil justice, courts, families, news, public order, trials by sally

‘On 20 February 2015 Matthew O’Connor, the Claimant in this judicial review and the founder of the campaign group Fathers4Justice, was due to go on trial at Aldershot Magistrates’ Court for a public order offence. He arrived at court with around ten of his supporters, but when they tried to gain entry to the court building they were prevented from doing so by HMCTS staff. Only the Claimant and his Mackenzie Friend were allowed to enter.’

Full story

UK Human Rights Blog, 8th February 2017

Source: www.ukhumanrightsblog.com

IP Enterprise Court still attractive despite alternatives – presiding judge – Law Society’s Gazette

Posted February 6th, 2017 in courts, intellectual property, judges, news, patents, pilot schemes, trials by sally

‘The presiding judge at the UK’s Intellectual Property Enterprise Court has said the court still serves a purpose despite the growing availability of flexible trials elsewhere.’

Full story

Law Society’s Gazette, 3rd February 2017

Source: www.lawgazette.co.uk