OFT’s ‘adversarial’ approach meant witness documents do not have to be disclosed, CAT rules – OUT-LAW.com

Posted March 28th, 2012 in competition, disclosure, news, privilege, tribunals, witnesses by sally

“A supermarket does not have to hand over notes from discussions with witnesses to the Office of Fair Trading as part of an ongoing legal dispute because the information was protected by ‘litigation privilege’, the Competition Appeal Tribunal (CAT) has ruled.”

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OUT-LAW.com, 27th March 2012

Source: www.out-law.com

Oxford law graduate cleared of role in London riot – The Guardian

Posted March 26th, 2012 in evidence, news, trials, violent disorder, witnesses by sally

“An Oxford law graduate accused of throwing bricks at police during last summer’s riots walked free from court on Friday after a jury took just half an hour to find him not guilty.”

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The Guardian, 25th March 2012

Source: www.guardian.co.uk

Regina v Chinn – WLR Daily

Posted March 19th, 2012 in admissibility, hearsay evidence, law reports, witnesses by sally

Regina v Chinn [2012] EWCA 501; [2012] WLR (D) 82

“Where a witness’s oral evidence in chief indicated that he had earlier made a witness statement and to the best of his belief he had made the statement concerned and that the statement stated the truth, and the statement identified or described a person, object or place connected with an alleged offence or other relevant event, those parts of the witness statement would be admissible under section 120(5) of the Criminal Justice Act 2003. However, other parts of the witness statement, which went beyond identification or description of the person object or place, would not be admissible under section 120(4) and (5).”

WLR Daily, 15th March 2012

Source: www.iclr.co.uk

W (Algeria) and others v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in appeals, confidentiality, disclosure, immigration, law reports, news, witnesses by sally

W (Algeria) and others v Secretary of State for the Home Department [2012] UKSC 8; [2012] WLR (D) 69

“The Special Immigration Appeals Commission (‘SIAC’) could make an irrevocable non-disclosure order, without notice to the Secretary of State, where a witness, fearing reprisals, required an absolute and irreversible guarantee of confidentiality as a precondition to giving evidence relating to an appellant’s safety on return.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

18-year-old jailed for attack on Ashraf Rossli – The Independent

Posted March 12th, 2012 in assault, burglary, news, sentencing, violent disorder, witnesses by sally

“An 18-year-old was today jailed for a total of seven years for attacking a Malaysian student during the London riots and other offences.”

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The Independent, 9th March 2012

Source: www.independent.co.uk

Secrecy for torture evidence – analysis – UK Human Rights Blog

Posted March 8th, 2012 in anonymity, closed material, evidence, news, torture, tribunals, witnesses by sally

“As we reported in our summary of the decision earlier, the Supreme Court has confirmed that the Special Immigration Appeals Commission (SIAC) has the power to order that certain witness evidence may be produced in conditions of absolute and irreversible secrecy.”

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UK Human Rights Blog, 8th March 2012

Source: www.ukhumanrightsblog.com

Witness allowed to give secret evidence of torture in Algeria says Supreme Court – UK Human Rights Blog

Posted March 8th, 2012 in anonymity, appeals, closed material, evidence, news, tribunals, witnesses by sally

“The court is entitled to make an order for a witness to give evidence before the Special Immigration Appeals Commission (SIAC) in such a way that the identity of the witness and the substance of the evidence remains confidential.”

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UK Human Rights Blog, 7th March 2012

Source: www.ukhumanrightsblog.com

Terror suspects win supreme court ruling over secret witness – The Guardian

Posted March 8th, 2012 in anonymity, appeals, deportation, news, Supreme Court, terrorism, tribunals, witnesses by sally

“Seven Algerian nationals suspected of terrorism have resisted attempts to deport them by turning the tables on the government’s support for using secret evidence in court.”

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The Guardian, 7th March 2012

Source: www.guardian.co.uk

The Participation and Involvement of Children in Family Proceedings – Family Law Week

Posted February 29th, 2012 in children, evidence, legal representation, news, trials, witnesses by tracey

“Rachel Langdale QC and James Robottom of 7 Bedford Row consider the jurisprudence and practical realities concerning the participation and involvement of children in proceedings relating to them.”

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Family Law Week, 28th February 2012

Source: www.familylawweek.co.uk

Children: Public Law Update – Family Law Week

Posted February 20th, 2012 in care orders, child abuse, children, fostering, news, witnesses by sally

“John Tughan, Barrister, of 4 Paper Buildings reviews recent developments in Public Law Children.”

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Family Law Week, 19th February 2012

Source: www.familylawweek.co.uk

Stephen Lawrence: papers passed to CPS about potential perjury allegations – The Guardian

Posted February 15th, 2012 in Crown Prosecution Service, evidence, inquiries, murder, news, perjury, police, racism, witnesses by sally

“Detectives and prosecutors are examining whether certain witnesses at the Stephen Lawrence murder trial may have perjured themselves while giving evidence, the Crown Prosecution Service has confirmed.”

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The Guardian, 14th February 2012

Source: www.guardian.co.uk

Payout of £600,000 after child witness put at risk – BBC News

Posted February 15th, 2012 in anonymity, children, Crown Prosecution Service, damages, gangs, news, police, witnesses by sally

“The Crown Prosecution Service and Met Police paid a family more than £600,000 ($943,000) in damages and costs after a child witness was identified to a gang.”

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BBC News, 15th February 2012

Source: www.bbc.co.uk

Judge calls for law change over deathbed wills – Daily Telegraph

Posted February 1st, 2012 in evidence, news, wills, witnesses by sally

“A judge has called for a change in the law on deathbed wills after an eight-year legal wrangle over whether a dying man’s sister offered him a ‘steadying hand’ as he signed all his possessions over to her.”

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Daily Telegraph, 31st January 2012

Source: www.telegraph.co.uk

Anti-gang efforts hampered by legal confusion, warn MPs – The Guardian

“Efforts to tackle gang-related violence are being hampered by confusion over the complex law on joint enterprise, which could deter witnesses from coming forward, according to a report by the Commons justice select committee.”

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The Guardian, 17th January 2012

Source: www.guardian.co.uk

Attorney General: The Barnardo’s Lecture – Justice or ordeal: supporting and treating children fairly through the trial process – Attorney General’s Office

Posted December 14th, 2011 in children, criminal procedure, speeches, witnesses by sally

The Barnardo’s Lecture – Justice or ordeal: supporting and treating children fairly through the trial process

Attorney General’s Office, 12th December 2011

Source: www.attorneygeneral.gov.uk

Fresh battle looms between European human rights court and UK – Daily Telegraph

Posted December 13th, 2011 in cross-examination, evidence, human rights, news, Supreme Court, witnesses by sally

“Prosecutors could be forced to stop using evidence from victims and witnesses who do not attend court in another human rights battle between Britain and Europe.”

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Daily Telegraph, 13th December 2011

Source: www.telegraph.co.uk

Priest who witnessed Iraqi detention could face prosecution – The Guardian

Posted December 2nd, 2011 in armed forces, clergy, Iraq, misfeasance in public office, news, torture, witnesses by tracey

“The director of public prosecutions has been asked to consider bringing criminal charges against a Roman Catholic priest who was found to have witnessed the shocking condition of a group of prisoners in Iraq, which included Baha Mousa, who was tortured to death, but did nothing to raise the alarm.”

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The Guardian, 1st December 2011

Source: www.guardian.co.uk

Bradford judge praises four-year-old for attack evidence – BBC News

Posted November 24th, 2011 in children, grievous bodily harm, news, sentencing, witnesses by sally

“A judge has praised the courage of a four-year-old boy for giving evidence in a trial which led to his ‘vicious’ attacker being jailed for 13 years.”

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BBC News, 23rd November 2011

Source: www.bbc.co.uk

Victims giving evidence: witnesses must be cross-examined – Halsbury’s Law Exchange

Posted November 23rd, 2011 in cross-examination, evidence, news, trials, victims, witnesses by sally

“This week the Times exposed a leaked report into child sexual exploitation suggesting that the way that vulnerable victims give evidence in court should be changed in an attempt to ensure more abusers and rapists are convicted. The idea is that victims in this country should be spared the ordeal of answering questions during proceedings.”

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Halbury’s Law Exchange, 22nd November 2011

Source: www.halsburyslawexchange.co.uk

Three-year-old becomes youngest trial witness – The Independent

Posted November 14th, 2011 in children, news, witnesses by sally

“A three-year-old boy was given a packet of crisps by a judge after making legal history by becoming what is believed to be the youngest child to give evidence in a British court case.”

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The Independent, 12th November 2011

Source: www.independent.co.uk