‘In yet another case in which a first instance judge applied the principles laid down in Mitchell v News
Group Newspapers Ltd [2013] EWCA Civ 1537 wrongly and unjustly, the Court of Appeal has today
allowed the defendants’ appeal, set aside the judgment, and ordered a re-trial, writes Jonathan Lopian.’
New Square Chambers, 24th May 2016
Source: www.newsquarechambers.co.uk
‘Compensation claims for torture, rape, wrongful detention and forced labour brought by 40,000 Kenyans who allege they were mistreated by British officials during the Mau Mau insurgency are due to be heard in the high court in London on Monday.’
The Guardian, 22nd May 2016
Source: www.guardian.co.uk
‘Police have vowed to continue their investigation into allegations of child sex abuse by the late Sir Edward Heath after several people responded to an appeal for information.’
The Independent, 12th May 2016
Source: www.independent.co.uk
Speech by Lord Neuberger, President of The Supreme Court
British Irish Commercial Bar Association Law Forum, 21st April 2016
Source: www.supremecourt.uk
‘The European Court of Human Rights (“ECtHR”) has held that the use of telephone recordings as evidence in a criminal trial, despite the inability of the accused to challenge the caller, did not violate his rights under Article 6, ECHR. This judgment follows a number of Grand Chamber judgments on similar issues that have altered the ECtHR’s stance on the subject of absent witness evidence.’
UK Human Rights Blog, 4th April 2016
Source: www.ukhumanrightsblog.com
‘A three-year multimillion-pound legal battle ended in victory for a London-based businessman, after a High Court judge dismissed the charges against him and launched a scathing attack on the President of Djibouti, Ismail Omar Guelleh.’
The Independent, 3rd March 2016
Source: www.independent.co.uk
‘Measures to curb legal claims against members of the armed forces are likely to be introduced this month.’
Law Society’s Gazette, 2nd March 2016
Source: www.lawgazette.co.uk
‘The CPR includes surprisingly demanding requirements, and draconian sanctions, in relation to Statements of Truth from witnesses whose English is so poor that they cannot read documents in English.
Here is a helpful summary of the rules, and what, in practice, you need to do to comply with them.’
Zenith PI Blog, 1st March 2016
Source: www.zenithpi.wordpress.com
Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) [2016] UKSC 6 (YouTube)
Supreme Court, 10th February 2016
‘Too many offences escape prosecution for want of anyone willing to give evidence. When the police can’t help, it’s time fpr a new approach…’
The Independent, 15th February 2016
Source: www.independent.co.uk
‘In a busy pub a man is brutally murdered. The killer doesn’t feel the need to hide his face. What does the silence of witnesses mean for a community struggling with gang violence?’
BBC News, 8th February 2016
Source: www.bbc.co.uk
‘Mark William Patrick MacLennan v Her Majesty’s Advocate, [2015] HCJAC 128. The High Court has refused an appeal under Article 6 on the lack of effective cross-examination of child witness, but has provided interesting commentary on how such investigations could be better handled in future to meet Strasbourg standards.’
UK Human Rights Blog, 2nd February 2016
Source: www.ukhumanrightsblog.com
‘Operation Midland is dismissed as “inept” after it emerges that the Metropolitan police took almost a year to interview key witnesses.’
Daily Telegraph, 4th February 2016
Source: www.telegraph.co.uk
‘Exclusive: Metropolitan Police’s handling of aborted child sex abuse case challenged as key abuse witness reveals police informant “stole” details.’
Daily Telegraph, 24th January 2016
Source: www.telegraph.co.uk
‘More than 11,000 criminal trials in England and Wales had to be abandoned last year because witnesses pulled out or did not appear at court, a watchdog has said.’
BBC News, 19th January 2016
Source: www.bbc.co.uk
‘After I was mugged, a suspect was arrested but the case was dropped because of ‘grave concerns’ about the credibility of my evidence. Can a new law protect thousands of women like me?’
The Guardian, 18th January 2016
Source: www.theguardian.com
‘Richard Barraclough QC has written a commentary on a recent case in which he was Leading Counsel for one of the defendants.
The case involved serious sex/trafficking offences, including engaging an honourable and vulnerable girl in prostitution. The case was complex and involved the use of an intermediary. The issues raised in evidence (and the submission of no case) concerned the number and structure of ABE interviews, the use of pre ABE interviews and meetings, the extent to which a victim should be challenged in ABE interviews and the use of pre prepared witness statements where the victim refused to engage in the ABE process.
Reforms are now proposed in relation to the investigation and trial process in this type of case.
The commentary provided by Richard Barraclough QC gives a detailed analysis of the processes involved and the challenges in this type of case with such a vulnerable victim and where the process is so complex.’
Full story(Word)
6 Pump Court, 12th January 2016
Source: www.6pumpcourt.co.uk
‘Letters the Crown Prosecution Service sends to victims of crime often lack empathy and contain template paragraphs that sometimes fail to convey basic information, according to an official inspectorate report.’
The Guardian, 13th January 2016
Source: www.guardian.co.uk
‘A Manchester-based property developer cannot claim litigation privilege for secret recordings of meetings where witnesses were “deliberately deceived”, the High Court has ruled.’
Litigation Futures, 8th December 2015
Source: www.litigationfutures.com
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