“The involvement of solicitors and barristers in crafting witness statements in big-ticket litigation has neutered the current regime and it should be replaced by a system of witness summaries and live evidence-in-chief, a Bar Council working party has recommended.”
Litigation Futures, 26th March 2013
Source: www.litigationfutures.co.uk
“Public inquiries should avoid the atmosphere of a ‘mock trial’ in order to improve dialogue among participants, according to a study.”
The Guardian, 21st March 2013
Source: www.guardian.co.uk
“In his monthly column, James Bickford Smith considers two judgments that illustrate the hazards of the commoditised litigation that will be transformed, for better or worse, by the Jackson reforms.”
Full story (PDF)
Littleton Chambers, 6th March 2013
Source: www.littletonchambers.com
“The man accused of the abduction and murder of missing five-year-old April Jones is due to stand trial.”
BBC News, 25th February 2013
Source: www.bbc.co.uk
“John Cooper QC and Kirsty Brimelow QC discuss whether trial by jury is the best option.”
BBC News, 21st February 2013
Source: www.bbc.co.uk
“The recent suicide of Frances Andrade has sparked debate once again on the treatment of victims by the court system. Mrs Andrade had, days earlier, testified at the trial of her former music teacher, accused of rape and sexual abuse of her over a period of years during her teens. She took her own life whilst the trial was still continuing, but this information was subject to a reporting injunction until the trial had concluded.”
Halsbury’s Law Exchange, 20th February 2013
Source: www.halsburyslawexchange.co.uk
“A charity for adults who were abused in childhood has said the way prosecutions are brought must change after a victim took her own life during a trial.”
BBC News, 9th February 2013
Source: www.bbc.co.uk
“The trial of a man accused of murdering two female police officers is expected to get under way today amid one of the tightest security operations ever mounted for a British court case.”
Daily Telegraph, 7th February 2013
Source: www.telegraph.co.uk
“‘Trial by Google’ threatens to undermine the integrity of the British jury system and ‘offends the principle of open justice’, according to the attorney general, Dominic Grieve QC.”
The Guardian, 6th February 2013
Source: www.guardian.co.uk
“The privatisation of court interpreting services has been ‘shambolic’, MPs warn saying it has caused more trials to collapse and suspects to be remanded unnecessarily in custody.”
The Guardian, 6th February 2013
Source: www.guardian.co.uk
Radu (Case C-396/11); [2013] WLR (D) 28
“According to the provisions of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, the executing judicial authorities of a member state could not avoid their duty pursuant to article 1(2) of the Framework Decision to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution, on the ground that the requested person had not been heard in the issuing member state before that arrest warrant was issued.”
WLR Daily, 29th January 2013
Source: www.iclr.co.uk
“The Commercial Court has resisted an application to anonymise those individuals at Barclays involved in the LIBOR scandal.”
UK Human Rights Blog, 30th January 2013
Source: www.ukhumanrightsblog.com
“More than 100 bankers have failed in a bid to prevent their names being revealed during preliminary hearings of a high court case centred on alleged rigging of the key London interbank offered rate (Libor) by Barclays staff.”
The Guardian, 21st January 2013
Source: www.guardian.co.uk
“Listing hearings can be tricky. You need to find a time the Court can fit you in. You need to squeeze it into your hectic diaries without upsetting other clients who firmly believe that theirs is the only case you have on right now. It needs to be a time that your busy barrister and the other side’s busy barrister can make.”
Hardwicke Chambers, 7th January 2013
Source: www.hardwicke.co.uk
“Saying you’re going to end the legal world’s reliance on paper sounds almost as audacious a claim as announcing you’re going to stop banks paying bonuses. Graham Smith, however, believes his small London-based business is set to revolutionise the way trials and other hearings are managed all over the world by doing exactly that.”
Daily Telegraph, 8th January 2013
Source: www.telegraph.co.uk
Kinloch v HM Advocate: [2012] UKSC 62; [2012] WLR (D) 385
“Since unauthorised police surveillance of a person engaged in criminal activity in public places did not infringe that person’s right to respect for his private life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Lord Advocate, in adducing evidence obtained by means of such unauthorised surveillance at the trial of that person, had not acted incompatibly with his right to a fair trial under article 6(1) of the Convention, and had accordingly acted within his powers under section 57(2) of the Scotland Act 1998, as amended. However, the question whether the police had acted incompatibly with a Convention right was not a devolution issue within paragraph 1(d) of Schedule 6 to the Scotland Act 1998 and therefore could not be determined under the Supreme Court’s devolution jurisdiction.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Mastafa v Her Majesty’s Treasury: [2012] EWHC 3578 (Admin); [2012] WLR (D) 383
“An appeal brought under section 26 of the Terrorist Asset-Freezing etc Act 2010 involved the determination of the appellant’s ‘civil rights’ for the purposes of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”
WLR Daily, 13th December 2012
Source: www.iclr.co.uk
Lord Erskine and Trial by Jury (PDF)
Lecture by Lord Neuberger
Seckford Lecture, 18th October 2012
Source: www.supremecourt.gov.uk
Price v Cheshire East Borough Council: [2012] WLR (D) 275
“It was wrong in law, when determining mode of trial, for justices to directly apply Sentencing Council guidelines for a different offence to that faced by the defendant unless the sentencing guidelines were directly analogous or if there was a similar level of seriousness.”
WLR Daily, 11th October 2012
Source: www.iclr.co.uk
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