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’

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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.’

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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.’

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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

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

‘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.’

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Family Law Week, 7th March 2017

Source: www.familylawweek.co.uk

Alleged rape of drunken undergraduate is typical of ‘world of modern students’, court hears – Daily Telegraph

Posted March 6th, 2017 in alcohol abuse, consent, news, rape, trials, universities by sally

‘The alleged rape of a drunken undergraduate is typical of the “world of modern students”, a court has heard.’

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Daily Telegraph, 3rd March 2017

Source: www.telegraph.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.’

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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.’

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Daily Telegraph, 22nd February 2017

Source: www.telegraph.co.uk

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

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

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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.’

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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.’

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Law Society’s Gazette, 3rd February 2017

Source: www.lawgazette.co.uk

Rape accusers ‘face court ordeal by defence lawyers’ – The Guardian

Posted February 6th, 2017 in bad character, bills, cross-examination, news, rape, sexual offences, trials, victims, witnesses by sally

‘Rape complainants are being routinely questioned in court about their sexual histories and even the way they were dressed on the night they were attacked, according to a damning dossier of case studies to be presented to MPs this week. The findings have triggered calls for the law to be tightened to protect complainants better.’

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The Guardian, 4th February 2017

Source: www.guardian.co.uk

Rolf Harris sex attack trial due to start with entertainer following case remotely due to his age – Daily Telegraph

Posted January 11th, 2017 in children, elderly, news, sexual offences, trials by sally

Prosecutors are due to open their case against television entertainer Rolf Harris, who will follow his sex attack trial remotely.

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Daily Telegraph, 11th January 2017

Source: www.telegraph.co.uk

Judge cleared of misconduct after calling racist thug a ‘bit of a c—‘ – Daily Telegraph

Posted January 10th, 2017 in complaints, disciplinary procedures, judges, news, racism, trials by sally

‘A judge who called a racist thug a “bit of a c—” after he launched a foul-mouthed tirade at her has been cleared of misconduct.’

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Daily Telegraph, 9th January 2017

Source: www.telegraph.co.uk

Woman deceived by undercover officer accuses police of delaying lawsuit – The Guardian

‘A woman who is suing police after discovering that she had a sexual relationship with an undercover officer has accused police of using a variety of delaying tactics to obstruct her legal action.’

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The Guardian, 19th December 2016

Source: www.guardian.co.uk

Supreme court Brexit hearing: 10 things we learned – The Guardian

‘From the royal prerogative and Henry VIII clause to what makes lawyers laugh – and how to interpret a judge’s choice of tie.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

Russell Square stabbings: Zakaria Bulhan ‘fit to stand trial’ – BBC News

Posted December 9th, 2016 in fitness to plead, mental health, news, trials by sally

‘A man charged with murdering a US tourist and wounding five other people in a knife attack in central London has been deemed fit to stand trial.’

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BBC News, 8th December 2016

Source: www.bbc.co.uk

Lawyer urges supreme court to throw out Brexit case after article 50 vote – The Guardian

Posted December 9th, 2016 in constitutional law, news, parliament, prerogative powers, Supreme Court, trials by sally

‘The supreme court has been urged to throw out a momentous legal challenge to the government’s powers to trigger Brexit, with Downing Street lawyers claiming parliament’s support for exiting the EU was conclusively demonstrated this week.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

Royal prerogative takes centre stage as supreme court Brexit case opens – The Guardian

‘Theresa May’s plan to implement Brexit without the authorisation of a vote in parliament would be “a contemporary necessity” rather than a misuse of outdated ancient royal powers, the attorney general said at the start of the most keenly awaited constitutional law case in recent memory.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

Mother who stamped daughter to death appeals conviction because her lawyer was interrupted by judge – The Independent

Posted December 1st, 2016 in appeals, child cruelty, judges, news, trials by sally

‘A mother who was jailed for life after stamping to death her 21-month-old daughter has launched an appeal against her conviction.’

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The Independent, 1st December 2016

Source: www.independent.co.uk