Category: witnesses

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.’

Full story

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

Curbs on ‘shameless’ armed forces claims within weeks – Law Society’s Gazette

Posted March 2nd, 2016 in armed forces, costs, evidence, Iraq, law firms, news, professional conduct, Solicitors Regulation Authority, witnesses by sally

‘Measures to curb legal claims against members of the armed forces are likely to be introduced this month.’

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Law Society’s Gazette, 2nd March 2016

Source: www.lawgazette.co.uk

Statements of Truth, Translation and Witnesses with Poor English – Zenith PI Blog

Posted March 2nd, 2016 in civil justice, civil procedure rules, costs, documents, news, oaths, practice directions, witnesses by sally

‘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.’

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Zenith PI Blog, 1st March 2016

Source: www.zenithpi.wordpress.com

Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) – Supreme Court

Posted February 18th, 2016 in admissibility, appeals, evidence, expert witnesses, law reports, negligence, Scotland, witnesses by sally

Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) [2016] UKSC 6 (YouTube)

Supreme Court, 10th February 2016

Source: www.youtube.com/user/UKSupremeCourt

What are ‘professional witnesses’ and why is there such high demand for their services? – The Independent

Posted February 16th, 2016 in expert witnesses, news, private investigators, witnesses by sally

‘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…’

Full story

The Independent, 15th February 2016

Source: www.independent.co.uk

‘Steps of court’ settlement was not negligent, court rules – OUT-LAW.com

Posted February 10th, 2016 in barristers, damages, expert witnesses, negligence, news, personal injuries, road traffic, solicitors, witnesses by sally

‘A barrister and firm of solicitors did not act negligently when they advised a client to settle her road traffic accident (RTA) claim after her main witness failed to attend court, the High Court has ruled.’

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OUT-LAW.com, 8th February 2016

Source: www.out-law.com

The place where no-one is a witness – BBC News

Posted February 9th, 2016 in gangs, murder, news, witnesses by sally

‘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?’

Full story

BBC News, 8th February 2016

Source: www.bbc.co.uk

Examination of child witnesses not in violation of Article 6 – UK Human Rights Blog

Posted February 5th, 2016 in children, cross-examination, human rights, news, witnesses by tracey

‘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.’

Full story

UK Human Rights Blog, 2nd February 2016

Source: www.ukhumanrightsblog.com

Lord Bramall’s reputation trashed because of the Met’s ‘inept’ investigation – Daily Telegraph

Posted February 5th, 2016 in child abuse, delay, news, police, police interviews, sexual offences, witnesses by tracey

‘Operation Midland is dismissed as “inept” after it emerges that the Metropolitan police took almost a year to interview key witnesses.’

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Daily Telegraph, 4th February 2016

Source: www.telegraph.co.uk

Lord Bramall inquiry: How did police obtain search warrant for ‘PR exercise’, asks retired judge – Daily Telegraph

Posted January 25th, 2016 in child abuse, evidence, inquiries, judges, news, police, warrants, wasting police time, witnesses by sally

‘Exclusive: Metropolitan Police’s handling of aborted child sex abuse case challenged as key abuse witness reveals police informant “stole” details.’

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Daily Telegraph, 24th January 2016

Source: www.telegraph.co.uk

Thousands of trials end over no-show witnesses – watchdog – BBC News

Posted January 19th, 2016 in criminal justice, domestic violence, news, reports, trials, witnesses by sally

‘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.’

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BBC News, 19th January 2016

Source: www.bbc.co.uk

‘I was violently attacked but my case was dropped because I had been drinking’ – The Guardian

Posted January 19th, 2016 in alcohol abuse, assault, news, victims, violence, witnesses, women by sally

‘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?’

Full story

The Guardian, 18th January 2016

Source: www.theguardian.com

Anatomy of an Impossible Trial for Child Exploitation – 6 Pump Court

Posted January 13th, 2016 in children, evidence, news, prostitution, sexual offences, witnesses by sally

‘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

CPS lacks empathy with crime victims and witnesses, report finds – The Guardian

Posted January 13th, 2016 in Crown Prosecution Service, news, reports, victims, witnesses by sally

‘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.’

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The Guardian, 13th January 2016

Source: www.guardian.co.uk

High Court: no litigation privilege for recordings of meetings where witnesses “deliberately deceived” – Litigation Futures

Posted December 8th, 2015 in news, privacy, privilege, witnesses by sally

‘A Manchester-based property developer cannot claim litigation privilege for secret recordings of meetings where witnesses were “deliberately deceived”, the High Court has ruled.’

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Litigation Futures, 8th December 2015

Source: www.litigationfutures.com

High Court judge castigates senior property partner “who cut corners all the time” – Legal Futures

Posted November 30th, 2015 in negligence, news, solicitors, witnesses by sally

‘A High Court judge has launched an extraordinary attack on a senior property partner, saying that although he was “on the whole” an honest witness, he “plainly cut corners all the time in his practice”.’

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Legal Futures, 30th November 2015

Source: www.legalfutures.co.uk

Domestic violence victims ‘put at risk’ by erratic handling of cases – The Guardian

Posted November 12th, 2015 in case management, Crown Prosecution Service, domestic violence, news, police, victims, witnesses by sally

‘Victims of domestic violence and other vulnerable witnesses are being put at risk by the erratic handling of sensitive cases by police and prosecutors, inspectors have said.’

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The Guardian, 12th November 2015

Source: www.guardian.co.uk

CPS fine sparks call for data protection rethink – Law Society’s Gazette

Posted November 9th, 2015 in complaints, Crown Prosecution Service, data protection, internet, news, ombudsmen, police, privacy, victims, video recordings, witnesses by sally

‘Data protection arrangements should be reviewed in the modern world of social media and cybercrime, a specialist solicitor has said, after it emerged the Crown Prosecution Service delivered unencrypted DVDs to a film studio for 12 years.’

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Law Society’s Gazette, 9th November 2015

Source: www.lawgazette.co.uk

Crown courts in England and Wales ‘chaotic and archaic’ – BBC News

Posted November 4th, 2015 in barristers, criminal justice, Crown Court, delay, news, reports, solicitors, victims, witnesses by sally

‘Victims and witnesses are often left marginalised in a court system that is “archaic” and “chaotic”, a report by the Criminal Justice Alliance has said.’

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BBC News, 4th November 2015

Source: www.bbc.co.uk