Category: witnesses

Strasbourg again favouring safety of conviction over cross-examination of witnesses? – UK Human Rights Blog

Posted October 3rd, 2016 in cross-examination, drug trafficking, human rights, news, witnesses by sally

‘In a unanimous decision, the European Court of Human Rights has held that the proceedings that lead to the conviction of an individual for drug trafficking charges were entirely compliant with Article 6, ECHR. Despite the inability to cross-examine a key prosecution witness, the Court considered that in light of the existence of supporting incriminating evidence (amongst other factors) the proceedings as a whole were fair.’

Full story

UK Human Rights Blog, 30th September 2016

Source: www.ukhumanrightsblog.com

False VIP sex ring accuser ‘did not know who Lord Janner was’ – Daily Telegraph

Posted September 19th, 2016 in inquiries, news, perverting the course of justice, police, sexual offences, witnesses by tracey

‘The Metropolitan Police faced fresh questions over the aborted VIP paedophile inquiry last night after “preposterous” evidence from its chief witness was made public.’

Full story

Daily Telegraph, 18th September 2016

Source: www.telegraph.co.uk

Soldiers facing prosecution for Iraq drowning were cleared a decade ago after witnesses were shown to have lied – Daily Telegraph

Posted September 19th, 2016 in armed forces, homicide, Iraq, news, prosecutions, witnesses by tracey

‘Three servicemen who face being prosecuted for manslaughter over the death of an Iraqi teenager were cleared a decade ago, after it emerged that key witnesses had lied about the claims and were paid expenses in exchange for their testimony.’

Full story

Daily Telegraph, 18th September 2016

Source: www.telegraph.co.uk

Bar Council responds to the Joint Statement, Transforming our Justice System – The Bar Council

Posted September 16th, 2016 in barristers, consultations, courts, criminal justice, news, witnesses by tracey

‘Chairman of the Bar, Chantal-Aimée Doerries QC, commented on today’s Joint Statement from the Ministry of Justice, Lord Chief Justice and Senior President of Tribunals, Transforming our Justice System’

Full story

The Bar Council, 15th September 2016

Source: www.barcouncil.org.uk

Courts reform gives stronger protection for victims and witnesses – Ministry of Justice

Posted September 16th, 2016 in consultations, cross-examination, judgments, judiciary, pilot schemes, press releases, reports, trials, victims, video recordings, witnesses by tracey

‘Vulnerable victims and witnesses will no longer have to appear in court under new plans to roll out pre-trial evidence sessions.’

Full press release

Ministry of Justice, 15th September 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

Iraq abuse claims ‘often very poor’ says former DPP – Daily Telegraph

Posted September 16th, 2016 in armed forces, disciplinary procedures, human rights, Iraq, law firms, news, reports, solicitors, war, witnesses by tracey

‘Alleged Iraq abuse claims brought against British troops by a leading human rights law firm have often been made up of poor, inaccurate information, a review by a former director of public prosecutions has said. Sir David Calvert-Smith said investigators tasked with wading through hundreds of alleged abuse claims had found key details such as names, dates and times were often wrong.’

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Full report

Daily Telegraph, 15th September 2016

Source: www.telegraph.co.uk

Vulnerable witnesses to be spared court – BBC News

Posted September 15th, 2016 in children, cross-examination, news, pilot schemes, trials, video recordings, witnesses by tracey

‘Vulnerable victims and witnesses will be able to give their evidence before a trial starts, as part of planned court reforms in England and Wales.’

Full story

BBC News, 15th September 2016

Source: www.bbc.co.uk

Undertaking provided for witnesses in undercover policing inquiry – Attorney General’s Office

Posted September 8th, 2016 in inquiries, investigatory powers, police, press releases, prosecutions, witnesses by tracey

‘Individuals providing certain evidence to the Undercover Policing Inquiry can do so without fear of prosecution.’

Full press release

Attorney General’s Office, 6th September 2016

Source: www.gov.uk/ago

‘Black box’ recorder used in liability trial defence – Law Society’s Gazette

Posted August 1st, 2016 in evidence, insurance, news, witnesses by Mark L

‘A telematics-based motor insurer has claimed a first after data from a “black box” recorder was successfully used in a defence at a collision liability trial.’

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Law Society’s Gazette, 1st August 2016

Source: www.lawgazette.co.uk

Seen and heard? Children as witnesses in family proceedings – Family Law Week

Posted July 28th, 2016 in appeals, children, criminal justice, evidence, family courts, human rights, judges, news, Supreme Court, witnesses by tracey

‘Damian Stuart, Barrister, FOURTEEN, re-visits Baroness Hale’s seminal speech in Re W (Children) (Abuse: Oral Evidence) in the light of Lord Justice McFarlane’s recent judgment in Re E (A Child).’

Full story

Family Law Week, 22nd July 2016

Source: www.familylawweek.co.uk

Excluding a party from Court in fraudulent claims – Zenith PI Blog

Posted July 22nd, 2016 in fraud, insurance, news, road traffic, witnesses by sally

‘There is a common trend in County Courts up and down the country for witnesses to be excluded from the courtroom during the evidence of another witness and/or a party when there are allegations of fraud or collusion, commonly in relation to a road traffic accident. The pragmatic rationale for such an approach is quite clear- if witness X hears what the Claimant says in cross examination, X may tailor his or her evidence to be consistent with that of the Claimant in a bid to bolster the case.’

Full story

Zenith PI Blog, 22nd July 2016

Source: www.zenithpi.wordpress.com

Uncorroborated children’s allegations – procedure – Park Square Barristers

Posted July 12th, 2016 in appeals, child abuse, children, evidence, news, witnesses by sally

‘This article summarises a recent appeal against findings of fact made in the family court. It’s an interesting case as it serves to remind practitioners of the factors that should be taken into account in considering the investigation procedure when the court is dealing with uncorroborated children’s allegations. Will Tyler QC, a member of Park Square Barristers, acted for the appellant.’

Full story

Park Square Barristers, 21st June 2016

Source: www.parksquarebarristers.co.uk

They think they’ve got away: How to catch a historical sex offender – BBC News

Posted June 20th, 2016 in advocacy, care homes, child abuse, children, complaints, criminal justice, cross-examination, Crown Prosecution Service, elderly, evidence, media, news, police, school children, sexual offences, social services, statistics, teachers, victims, witnesses by tracey

‘Sex offenders think they’ll get away with it. And often they do. Sometimes it can take years to bring them to justice, while others escape retribution altogether. So how do you go about making sure perpetrators of horrendous crimes committed in the distant past are caught and convicted?’

Full story

BBC News, 20th June 2016

Source: www.bbc.co.uk

Judge suing Ministry of Justice says he has been denied a fair hearing – The Guardian

Posted June 7th, 2016 in disciplinary procedures, judges, legal representation, Ministry of Justice, news, racism, speeches, witnesses by tracey

‘A judge facing a disciplinary hearing has complained he is being denied a fair hearing because he has been told he cannot be legally represented or call witnesses.’

Full story

The Guardian, 7th June 2016

Source: www.guardian.co.uk

McTear & Williams v Engelhard and Others [2016] EWCA Civ 487 – New Square Chambers

Posted June 2nd, 2016 in appeals, disclosure, news, retrials, witnesses by sally

‘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.’

Full story

New Square Chambers, 24th May 2016

Source: www.newsquarechambers.co.uk

Mau Mau lawsuit due to begin at high court – The Guardian

Posted May 23rd, 2016 in class actions, compensation, delay, detention, forced labour, jurisdiction, Kenya, news, rape, torture, witnesses by sally

‘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.’

Full story

The Guardian, 22nd May 2016

Source: www.guardian.co.uk

Ted Heath investigation to continue after probe into police misconduct finds no evidence of wrongdoing – The Independent

Posted May 13th, 2016 in child abuse, complaints, evidence, inquiries, news, ombudsmen, police, professional conduct, proportionality, prosecutions, witnesses by tracey

‘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.’

Full story

The Independent, 12th May 2016

Source: www.independent.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

Upholding fundamental rights or ensuring accurate verdicts? The ECtHR and the use of unchallengeable witness evidence – UK Human Rights Blog

Posted April 5th, 2016 in courts, evidence, human rights, news, telecommunications, witnesses by sally

‘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.’

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UK Human Rights Blog, 4th April 2016

Source: www.ukhumanrightsblog.com

High Court judge dismisses ‘capricious’ charges by Djibouti against London-based businessman – The Independent

Posted March 3rd, 2016 in corruption, costs, news, witnesses by sally

‘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.’

Full story

The Independent, 3rd March 2016

Source: www.independent.co.uk