A part of inclusion? Disabled people and the right to a fair hearing – Cloisters

‘John Horan considers two recent cases that highlighted particular difficulties that disabled people face in obtaining a fair hearing before the courts. Both cases (Rackham v NHS Professionals Ltd and Galo v Bombardier Aerospace UK) provide a common-sense framework of considerations which a court or tribunal must bear in mind. The second, Galo, identifies the need for better training for judges and legal practitioners in Northern Ireland as to the requirements of disabled people.’

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Cloisters, 19th July 2016

Source: www.cloisters.com

Hanningfield acquitted of expenses fraud after parliament intervenes with court – The Guardian

‘Former Tory peer accused of submitting false expenses has been formally acquitted after parliament made an unexpected intervention in the case. Lord Hanningfield, who served a jail sentence for expenses fraud in 2011, was accused in Southwark crown court of claiming around £3,300 in House of Lords allowances in July 2013 to which he was not entitled.’

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The Guardian, 18th July 2016

Source: www.guardian.co.uk

Teenager jailed for posting murder trial images on Facebook – The Guardian

Posted July 14th, 2016 in contempt of court, courts, internet, news, photography, sentencing, trials, young persons by tracey

‘A teenager who took photographs in court as his friend was being jailed for murder and then glorified the killer on social media has been given a 15-month sentence.’

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The Guardian, 13th July 2016

Source: www.guardian.co.uk

Fixed recoverable costs-settling at the court door – Hardwicke Chambers

Posted July 12th, 2016 in appeals, costs, news, trials by sally

‘The case of Dos Santos Medes v Hochtief (UK) Constructions Ltd dealt with the issue of fixed recoverable costs (FRC) under the Civil Procedures Rules (CPR) in a claim brought under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol). Jasmine Murphy examines the case and its potential implications.’

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Hardwicke Chambers, 15th June 2016

Source: www.hardwicke.co.uk

Adult Defendant Anonymity in Criminal Proceedings – Halsbury’s Law Exchange

Posted June 10th, 2016 in anonymity, news, reporting restrictions, trials by sally

‘Should defendant anonymity be granted to prevent reputational damage?
The current position for adult defendants is that the media will generally be able to report the name of a defendant facing a criminal charge. Anonymity will not be granted to defendants on the basis of embarrassment or stigma, harassment or economic loss caused by the publication of their name in criminal proceedings.’

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Halsbury’s Law Exchange, 9th June 2016

Source: www.halsburyslawexchange.co.uk

Judge orders court staff onto streets to find extra juror under ‘rarely used’ law so trial can start on time – Daily Telegraph

Posted June 7th, 2016 in juries, news, trials by tracey

‘A judge took the unusual step of ordering court staff to take to the streets and find extra jurors after they were left without enough to start a sex assault trial.’

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Daily Telegraph, 7th June 2016

Source: www.telegraph.co.uk

NHSLA ordered to pay indemnity costs for surveillance video “ambush” – Litigation Futures

‘The NHS Litigation Authority (NHSLA) has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated.’

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Litigation Futures, 16th May 2016

Source: www.litigationfutures.com

UK government spent £105,000 in legal fees on lost air pollution case – The Guardian

‘The government spent at least £105,000 in legal costs while fighting and losing a court challenge over illegal levels of air pollution, according to data released through freedom of information rules, and now faces further bills from a new case it is contesting.’

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The Guardian, 11th May 2016

Source: www.guardian.co.uk

Technology and the Law – Speech by Lord Neuberger

Posted April 26th, 2016 in courts, evidence, judges, news, privacy, speeches, trials, video recordings, witnesses by sally

Technology and the Law

Speech by Lord Neuberger, President of The Supreme Court

British Irish Commercial Bar Association Law Forum, 21st April 2016

Source: www.supremecourt.uk

Ben Butler murder trial: Ellie ‘killed after conviction quashed’ – BBC News

Posted April 20th, 2016 in child abuse, children, murder, trials by sally

‘A “hot-tempered” father accused of killing his six-year-old daughter had a conviction for assaulting her as a baby quashed, a court has heard.’

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BBC News, 19th April 2016

Source: www.bbc.co.uk

Dangerous drivers should not be allowed to choose trial by jury – The Guardian

Posted April 8th, 2016 in dangerous driving, judges, juries, news, trials by sally

‘It might seem an unlikely thing for a QC to advocate – but this is about justice: jurors are too ready to acquit drivers who cause death or injury to pedestrians and cyclists.’

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The Guardian, 8th April 2016

Source: www.guardian.co.uk

Angela Wrightson murder: How the media fought to report the case – BBC News

Posted April 7th, 2016 in internet, media, murder, news, reporting restrictions, retrials, trials by sally

‘The jury in the trial of two girls convicted of murdering a vulnerable woman heard graphic evidence of how they tortured and beat her to death. But the crime sparked such abusive comments on Facebook that a judge feared the girls could not have a fair hearing. He scrapped the case and ordered a retrial for the following year – leading to a seven-month fight by the media to be allowed to report on it. This is what happened.’

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BBC News, 7th April 2016

Source: www.bbc.co.uk

Damages in Fatal Accidents Claims: Supreme Court decision as to proper basis for calculations of future loss – Henderson Chambers

Posted March 22nd, 2016 in accidents, appeals, asbestos, damages, industrial injuries, news, Supreme Court, trials by sally

‘In Knauer (Widower and Administrator of the Estate of Sally Ann Knaur) v Ministry of Justice [2016] UKSC 9, the Supreme Court has held that the correct date as at which to assess the multiplier when fixing damages for future loss in claims under the Fatal Accidents Act 1976 should be the date of trial and not the date of death. In doing so it refused to follow two decisions of the House of Lords (Cookson v Knowles [1979] AC 556 and Graham v Dodds [1983] 1 WLR 808) pursuant to which the relevant date had been the date of death.’

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Henderson Chambers, February 2016

Source: www.hendersonchambers.co.uk

Thomas Orchard trial: jury discharged as judge halts proceedings – The Guardian

Posted March 22nd, 2016 in death in custody, juries, news, police, retrials, trials by sally

‘A jury considering verdicts in the trial of a police custody sergeant and two detention officers accused of killing a church caretaker who died after being restrained has been discharged.’

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The Guardian, 21st March 2016

Source: www.guardian.co.uk

Becky Watts killers received £400,000 in legal aid – BBC News

Posted March 3rd, 2016 in appeals, costs, legal aid, news, trials by sally

‘The killers of Bristol teenager Becky Watts were granted more than £400,000 in legal aid, a Freedom of Information request has revealed.’

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BBC News, 3rd March 2016

Source: www.bbc.co.uk

Legal Aid Agency spends £93m on cases not heard in court – Law Society’s Gazette

Posted March 1st, 2016 in costs, Crown Prosecution Service, legal aid, news, prosecutions, reports, trials by sally

‘The Legal Aid Agency (LAA) has spent more than £93m funding defence counsel in cases that did not go to trial, the National Audit Office has found.’

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Law Society’s Gazette, 1st March 2016

Source: www.lawgazette.co.uk

Supreme Court rewrites law on multipliers in fatal accident cases – Legal Futures

‘The Supreme Court has overturned two House of Lords judgments in ruling that the multiplier in assessing damages for fatal accident claims should be calculated from the date of the trial, not the date of death.’

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Litigation Futures, 24th February 2016

Source: www.litigationfutures.com

High Court approves first application to transfer case to shorter trials scheme – Litigation Futures

Posted February 23rd, 2016 in civil procedure rules, costs, news, trials by sally

‘The High Court has approved the first application to transfer a case started in the normal way into the shorter trials scheme (STS).’

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Litigation Futures, 23rd February 2016

Source: www.litigationfutures.com

Secret trial: One off – or the first of many? – BBC News

Posted February 10th, 2016 in closed material, news, reporting restrictions, terrorism, trials by sally

‘Possibly the worst headline I’ve ever written. But before I’m accused of completely failing to perform basic contractual duties, allow me to explain why those seven words are rather important.’

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BBC News, 10th February 2016

Source: www.bbc.co.uk

Libor trial: It was the prosecution that couldn’t go wrong… until it did – The Independent

Posted February 10th, 2016 in banking, fraud, interest, news, prosecutions, trials by sally

‘By day four of the trial, one of the jurors had fallen asleep. Liam Vaughan reports on how the Serious Fraud Office’s case against six City brokers accused of conspiring with Tom Hayes came to grief amid a welter of jargon and inconsistencies.’

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The Independent, 10th November 2016

Source: www.independent.co.uk