Court of Appeal: UT should normally re-make decision instead of remitting case to FTT – EIN Blog

Posted January 9th, 2023 in appeals, criminal justice, deportation, immigration, news, trials, tribunals by tracey

‘AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022). In this deportation case, Underhill, Nicola Davies and Stuart-Smith LJJ held that where, on an appeal from the First-tier Tribunal (FTT), the Upper Tribunal (UT) found that where the FTT’s decision involved an error of law, it would normally re-make the decision instead of remitting it to the FTT, unless it was satisfied that the error had deprived a party of a fair hearing before the FTT. Where the UT was so satisfied, it would normally remit the decision to the FTT. If the UT chose instead to re-make the decision itself, it would have to give cogent reasons for doing so. “AEB” appealed against a decision of the UT upholding a deportation order made by the respondent SSHD. The appellant was a Nigerian national who had been in the UK for 30 years and who was separated from his partner but helped to care for their three children, all of whom had significant disabilities and special needs. In 2017, he was convicted of dishonesty and sentenced to 4 years’ imprisonment. As a result, the SSHD served a deportation decision under the automatic deportation provision set out in section 32 of the UK Borders Act 2007. AEB appealed to the FTT relying on article 8 of the ECHR, which brought into play the provisions of Part 5A of the Nationality, Immigration and Asylum Act 2002. But the FTT dismissed his appeal and UT set aside that dismissal on the basis that the FTT had made errors of law which had deprived AEB of a fair hearing.’

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EIN Blog, 9th January 2023

Source: www.ein.org.uk

First jury trial of Insulate Britain activists begins over M25 blockage – The Guardian

‘Four climate activists have gone on trial for allegedly blocking the M25, in the first of dozens of jury trials planned for supporters of the Insulate Britain campaign.’

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The Guardian, 21st November 2022

Source: www.theguardian.com

Wife’s ‘nightmare’ as man waits four years for trial – BBC News

‘The wife of a man who has been told he will spend at least four years and four months in jail before standing trial says she is living in a “nightmare”.’

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BBC News, 14th October 2022

Source: www.bbc.co.uk

CPS brings case against judges bailing defendants – BBC News

‘The director of public prosecutions is bringing a High Court challenge against judges’ refusal to detain defendants for longer ahead of trial amid record-high backlogs and legal strikes.’

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BBC News, 26th September 2022

Source: www.bbc.co.uk

Laurence Fox denied first libel jury trial for a decade – Law Society’s Gazette

Posted May 20th, 2022 in bias, defamation, interpretation, judges, juries, news, racism, trials by sally

‘Actor and political activist Laurence Fox has failed in his bid for the first libel trial by jury in a decade over a social media spat between him and three public figures he called “paedophiles” on Twitter.’

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Law Society's Gazette, 18th May 2022

Source: www.lawgazette.co.uk

MoJ denies new pilot scheme removes right to a trial – Law Society’s Gazette

Posted May 16th, 2022 in county courts, Ministry of Justice, news, pilot schemes, small claims, trials by tracey

‘The Ministry of Justice has denied it is removing litigants’ right to a trial – despite testing a new scheme where judges can resolve cases before a hearing without the consent of both parties.’

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Law Society's Gazette, 13th May 2022

Source: www.lawgazette.co.uk

Insulate Britain members disrupt trial by gluing hands to court furniture – The Guardian

‘Three members of Insulate Britain have disrupted a magistrates court trial, gluing their hands to court furniture and paying tribute to the environmental activist who died after setting himself on fire outside the US supreme court.’

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The Guardian, 26th April 2022

Source: www.theguardian.com

Trial of Extinction Rebellion co-founder delayed pending High Court judgment – The Independent

‘The criminal damage trial of the co-founder of Extinction Rebellion has been delayed pending a High Court judgment over the toppling of Edward Colston’s statue in Bristol.’

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The Independent, 19th April 2022

Source: www.independent.co.uk

Defendants waiting over six months for trial up 15% in England and Wales – The Guardian

Posted February 24th, 2022 in criminal justice, delay, news, remand, statistics, trials by sally

‘The government has been urged to tackle “cruel and unjust” waits for defendants in England and Wales to stand trial after figures showed a 15% yearly rise in the number of people being held for longer than the custody time limit of six months.’

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The Guardian, 23rd February 2022

Source: www.theguardian.com

Reform or revolution? – Local Government Lawyer

Posted December 17th, 2021 in courts, local government, news, practice directions, trials, witnesses by michael

‘How is Practice Direction 57AC bedding down? Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn look at its impact.’

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Local Government Lawyer, 17th December 2021

Source: www.localgovernmentlawyer.co.uk

HMCTS: Public prefers remote hearings but professionals see declining respect – Legal Futures

Posted December 13th, 2021 in coronavirus, courts, HM Courts Service, news, remote hearings, statistics, trials by tracey

‘Public users of the courts generally prefer remote to in-person hearings, but they have led to declining levels of respect, formality and concentration, according to government research.’

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Legal Futures, 13th December 2021

Source: www.legalfutures.co.uk

Remand inmates in England and Wales ‘facing second Christmas behind bars’ – The Guardian

‘Some defendants will be facing “a second Christmas behind bars without the opportunity to prove their innocence”, a legal charity has warned, as the number of remand prisoners in England and Wales detained longer than the legal custody limit continues to rise.’

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The Guardian, 1st December 2021

Source: www.theguardian.com

Lord Justice Haddon-Cave pens article for the Australian Law Journal – Courts and Tribunals Judiciary

Posted November 12th, 2021 in courts, judges, news, terrorism, trials by tracey

‘Lord Justice Haddon-Cave has written an article about the conduct of terrorism trials in England and Wales for a special edition of the Australian Law Journal on “National Security and the Law”.’

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Courts and Tribunals Judiciary, 11th November 2021

Source: www.judiciary.uk

More rape trials to allow pre-recorded evidence – Law Society’s Gazette

‘Victims of alleged sexual violence in London and the north east will be spared live cross-examination from today, as part of a pilot scheme to make trials less traumatic for complainants.’

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Law Society's Gazette, 30th September 2021

Source: www.lawgazette.co.uk

The killing of Dalian Atkinson: trial focused on a minute of violence – The Guardian

Posted June 24th, 2021 in homicide, mental health, news, police, trials by sally

‘On his final day alive, Dalian Atkinson felt trapped. Draining physical challenges, from hypertension and kidney disease, had left him weakened and his mental health was crumbling, the jury heard.’

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The Guardian, 23rd June 2021

Source: www.theguardian.com

Rape cases in England and Wales will be hit hard by backlog, says police chief – The Guardian

‘Rape and domestic violence cases in England and Wales will be among the worst hit from the growing backlog in the judicial system, and trials could soon start collapsing because of severe delays, the new crime commissioner for England’s second biggest force has warned.’

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The Guardian, 6th June 2021

Source: www.theguardian.com

Judge criticises solicitors for sending him letter during trial – Litigation Futures

‘A High Court judge has criticised solicitors who sent him a letter during a trial trying to explain points that had arisen during cross-examination.’

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Litigation Futures, 6th May 2021

Source: www.litigationfutures.com

Court case delays left assault victim waiting over a year – BBC News

Posted April 23rd, 2021 in assault, budgets, coronavirus, criminal justice, Crown Court, delay, news, trials, victims by sally

‘The government has announced emergency funding to help tackle huge delays in court trials.’

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BBC News, 23rd April 2021

Source: www.bbc.co.uk

Call for vulnerable victims to give video evidence amid courts backlog – The Guardian

‘Up to 10,000 vulnerable victims facing long delays for trials should be allowed to give evidence by video in an attempt to stop them falling out of the system, according to the victims’ commissioner for England and Wales.’

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The Guardian, 5th March 2021

Source: www.theguardian.com

‘Professionally embarrassed’ lawyers wrong to withdraw during murder trial – Legal Futures

Posted January 22nd, 2021 in appeals, barristers, evidence, firearms, forensic science, murder, news, trials by sally

‘The legal team of a man accused of murder was wrong to withdraw during the trial citing “professional embarrassment” but the move did not render his subsequent conviction unsafe, the Court of Appeal has ruled.’

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Legal Futures, 22nd January 2021

Source: www.legalfutures.co.uk