witnesses – Page 19 – Current Awareness

In re ITN News and others – WLR Daily

Posted May 23rd, 2013 in appeals, jurisdiction, law reports, media, reporting restrictions, witnesses by sally

In re ITN News and others [2013] EWCA Crim 773; [2013] WLR (D) 187

“The Court of Appeal (Criminal Division) had jurisdiction under section 159 of the Criminal Justice Act 1988 to entertain an appeal against an order under section 46 of the Youth Justice and Criminal Evidence Act 1999 prohibiting the reporting of any matter relating to a witness, even where the court was not otherwise concerned with any proceedings between the defendant at trial and the Crown or any issue arising from it.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

Cricket disciplinary appeal is an Arbitration – Sports Law Bulletin from Blackstone Chambers

Posted May 15th, 2013 in appeals, arbitration, disciplinary procedures, news, sport, witnesses by sally

“The Commercial Court has ruled that Pakistani international bowler, Danish Kaneria’s appeal proceedings against his life time ban for involvement in spot-fixing under the ECB’s Disciplinary Regulations are an “arbitration” for the purposes of the Arbitration Act 1996. The decision is a momentous one for sports’ lawyers and governing bodies, not least in terms of the Court’s supervisory role over sporting bodies’ disciplinary procedures and the ability to rely on a Court to entertain appeals from, and make ancillary orders in support of, those processes.”

Full story

Sports Law Bulletin from Blackstone Chambers, 13th May 2013

Source: www.sportslawbulletin.org

100 witnesses to be called for inquest into death of Jimmy Mubenga, who struggled with guards as he was being deported – The Independent

Posted May 15th, 2013 in death in custody, deportation, homicide, inquiries, news, restraint, security companies, witnesses by sally

“Inquiry expected to look at the restraint techniques authorised by G4S as well as the UK Border Agency.”

Full story

The Independent, 14th May 2013

Source: www.independent.co.uk

JD Wetherspoon plc v Harris and others – WLR Daily

Posted May 3rd, 2013 in admissibility, evidence, law reports, summary judgments, witnesses by tracey

JD Wetherspoon plc v Harris and others: [2013] EWHC 1088 (Ch); [2013] WLR (D) 159

“It was not appropriate to apply for summary judgment after the exchange of witness statements in proceedings alleging fraud and dishonesty where the applications were based on a particular interpretation of facts and on the inferences to be drawn from established facts. Paragraphs in a witness statement containing a recitation of facts based on documents, commentary on those documents, argument, submissions and expressions of opinion, made by a witness who had had no prior involvement with the subject matter of the proceedings were abusive and should be struck out.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

‘I’m sure that’s him’: Considering the Rules of Recognition Evidence – One Inner Temple Lane

Posted April 23rd, 2013 in closed circuit television, evidence, news, witnesses by sally

“Given the prevalence of CCTV cameras, it is perhaps of little surprise that recognition evidence is on the rise. This article will consider the relevant authorities, the ACPO Guidelines and PACE Code D, which together govern this form of evidence. Put simply, recognition evidence is the assertion by a police officer that they know an individual captured by CCTV, or still images, in the commission of an offence. This kind of evidence is potentially very dangerous, and, as such is only right that its use should be rigorously scrutinised and subject to strict regulation. This issue is common to a great many cases, but can be illustrated by the following example.”

Full story

One Inner Temple Lane, 23rd April 2013

Source: www.1itl.com

Prosecuting sexual assault: ‘Raped all over again’ – The Guardian

Posted April 15th, 2013 in cross-examination, news, prosecutions, rape, sexual offences, suicide, trials, witnesses by sally

“Frances Andrade’s experience in the witness box left her feeling violated. Within days she had killed herself. Is it time we changed the way we prosecute sexual assault?”

Full story

The Guardian, 13th April 2013

Source: www.guardian.co.uk

Reforming Civil Litigation: Bar Council Working Group publishes recommendations – The Bar Council

Posted March 26th, 2013 in case management, civil justice, news, reports, witnesses by sally

“The Bar Council, which represents barristers in England and Wales, has today published a discussion document on ‘Reforming civil litigation’, which reflects the recommendations of a Working Group including the chairs of the Chancery Bar Association, Commercial Bar Association and the Technology and Construction Bar Association.”

Full story

The Bar Council, 25th March 2013

Source: www.barcouncil.org.uk

Bar Council working party calls for end to witness statements in Rolls Building litigation – Litigation Futures

Posted March 26th, 2013 in news, reports, trials, witnesses by sally

“The involvement of solicitors and barristers in crafting witness statements in big-ticket litigation has neutered the current regime and it should be replaced by a system of witness summaries and live evidence-in-chief, a Bar Council working party has recommended.”

Full story

Litigation Futures, 26th March 2013

Source: www.litigationfutures.co.uk

Rape myths not behind low conviction rate, says leading family lawyer – The Guardian

Posted March 25th, 2013 in news, prosecutions, rape, statistics, victims, witnesses by sally

“Helen Reece argues lack of independent witnesses is main cause of conviction rate which is similar to that of other crimes.”

Full story

The Guardian, 25th March 2013

Source: www.guardian.co.uk

Half a Century of Change: The Evidence of Child Victims – Speech by The Right Honourable the Lord Judge

Posted March 21st, 2013 in child abuse, children, evidence, speeches, witnesses by sally

Half a Century of Change: The Evidence of Child Victims (PDF)

Speech by The Right Honourable the Lord Judge, Lord Chief Justice of England and Wales

Toulmin Lecture in Law and Psychiatry, 20th March 2013

Source: www.judiciary.gov.uk

Call for research into effects on children of giving evidence in abuse cases – The Guardian

Posted March 21st, 2013 in child abuse, children, evidence, news, speeches, witnesses by sally

“Research should be carried out into the long-term affects on those who give evidence about sexual abuse when they are a child, the lord chief justice, Lord Judge, has urged.”

Full story

The Guardian, 20th March 2013

Source: www.guardian.co.uk

Taylor (Bonnett) v The Queen – WLR Daily

Posted March 19th, 2013 in appeals, evidence, juries, law reports, Privy Council, witnesses by tracey

Taylor (Bonnett) v The Queen: [2013] UKPC 8; [2013] WLR (D) 104

“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Regina v F – WLR Daily

Posted March 18th, 2013 in appeals, criminal procedure, jurisdiction, law reports, witnesses by sally

Regina v F [2013] WLR (D) 100

“The requirement to inform the Crown Court immediately of a prosecutor’s intention to appeal against a preliminary ruling arose when the ruling was formally given and not on earlier communication by e-mail of the conclusion which the trial judge had reached.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Defence lawyers exploit the weakness of sex abuse victims, says police chief Sir Peter Fahy – The Independent

Posted March 12th, 2013 in cross-examination, news, sexual offences, victims, witnesses by sally

“One of Britain’s most senior police officers has accused defence lawyers of ‘exploiting’ the weakness of sex abuse victims making prosecutors reluctant to bring cases to court.”

Full story

The Independent, 12th March 2013

Source: www.independent.co.uk

Jackson and the occupational hazards of commoditised litigation: a practical view from the Bar – Littleton Chambers

Posted March 12th, 2013 in costs, insurance, news, trials, witnesses by sally

“In his monthly column, James Bickford Smith considers two judgments that illustrate the hazards of the commoditised litigation that will be transformed, for better or worse, by the Jackson reforms.”

Full story (PDF)

Littleton Chambers, 6th March 2013

Source: www.littletonchambers.com

Silence is not necessarily golden: the consequences of failing to adduce evidence in rebuttal in civil trials – Zenith Chambers

Posted March 6th, 2013 in burden of proof, evidence, news, witnesses by sally

“Gordon Exall considers the practical issues that arise from the principle that a court can draw adverse inferences from a party’s failure to adduce evidence on an issue.”

Full story (PDF)

Zenith Chambers, 12th February 2013

Source: www.zenithchambers.co.uk

Regina v Dizaei – WLR Daily

Posted February 21st, 2013 in admissibility, bad character, crime, evidence, law reports, witnesses by sally

Regina v Dizaei [2013] EWCA Crim 88; [2013] WLR (D) 64

“When a court was assessing the probative value of the evidence of bad character of a witness in criminal proceedings, in accordance with the provisions of section 100 of the Criminal Justice Act 2003, among the factors relevant to the admissibility judgment, the court should consider whether the admission of such evidence might make it difficult for the jury to understand the remainder of the evidence, and whether its understanding of the case as a whole might be diminished. If the conclusion was that the evidence was not of substantial probative value in establishing propensity or lack of creditworthiness of the witness, or that the evidence was not of substantial importance in the context of the case as a whole, or both, the preconditions to admissibility would not established.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

Frances Andrade case: the treatment of vulnerable victims in the court system – Halsbury’s Law Exchange

Posted February 20th, 2013 in news, sexual offences, suicide, trials, victims, witnesses by sally

“The recent suicide of Frances Andrade has sparked debate once again on the treatment of victims by the court system. Mrs Andrade had, days earlier, testified at the trial of her former music teacher, accused of rape and sexual abuse of her over a period of years during her teens. She took her own life whilst the trial was still continuing, but this information was subject to a reporting injunction until the trial had concluded.”

Full story

Halsbury’s Law Exchange, 20th February 2013

Source: www.halsburyslawexchange.co.uk

Bar Council responds to Home Secretary – Bar Council

Posted February 12th, 2013 in child abuse, press releases, sexual offences, suicide, victims, witnesses by tracey

“The Bar Council, which represents barristers in England and Wales, has responded to calls in the House of Commons this afternoon, from the Home Secretary, the Rt. Hon. Theresa May MP, to look carefully at any lessons which can be learned from the Brewer case. ”

Full press release

Bar Council, 11th February 2013

Source: www.barcouncil.org.uk