Archive for the 'evidence' Category

Police officer who struck Ian Tomlinson could face manslaughter trial – The Guardian

“Britain’s most senior prosecutor has said he was considering whether to prosecute the police officer who attacked Ian Tomlinson for manslaughter after an inquest jury found that the newspaper seller had been unlawfully killed.”

Full story

The Guardian, 4th May 2011

Source: www.guardian.co.uk

Tomlinson inquest: Review to test evidence for a criminal trial – The Guardian

“The director of public prosecutions, Keir Starmer QC, has ordered a review of his decision last year not to prosecute anyone in connection with the death of Ian Tomlinson.”

Full story

The Guardian, 4th May 2011

Source: www.guardian.co.uk

North Shore Ventures Ltd v Anstead Holdings Inc and others – WLR Daily

North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWHC 910 (Ch); [2011] WLR (D) 138

“Para 1.5 of Practice Direction 39A supplementing CPR Pt 39 did not deem a hearing to be in private which had not been listed as a private matter. The general rule for proceedings to be held in public unless otherwise stated applied to proceedings not listed in private.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Accused wins appeal after judge told him: ‘Shut your mouth’ – Daily Telegraph

“A defendant who was told by a judge to “shut your mouth and listen” just before he had to give evidence on why he had two knives in his car has had his subsequent convictions overturned.”

Full story

Daily Telegraph, 8th April 2011

Source: www.telegraph.co.uk

Drug lord Curtis Warren’s conviction stands after supreme court rejects plea – The Guardian

“One of Britain’s most notorious drug dealers, Curtis Warren, has lost a legal battle that would have led to his conviction being overturned.”

Full story

The Guardian, 28th March 2011

Source: www.guardian.co.uk

Expert Evidence in Criminal Trials – Law Commission

“This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. In a criminal trial, a jury or magistrates’ court is required to determine disputed factual issues. Experts in a relevant field are often called as witnesses to help the fact-finding body understand and interpret evidence with which that body is unfamiliar.”

Full story

Law Commission, 22nd March 2011

Source: www.lawcom.gov.uk

Drink drivers lose right to demand blood tests – Daily Telegraph

“Motorists who are marginally over the limit are to lose the right to demand a blood test under the biggest changes to drink-drive law in over 40 years.”

Full story

Daily Telegraph, 21st March 2011

Source: www.telegraph.co.uk

Kenneth Noye appeals against M25 murder conviction – BBC News

“One of the UK’s most notorious criminals is appealing against his conviction for a 1996 road rage murder.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

Narrowing the definition of torture to the point of hypocrisy – The Guardian

“The secret services, backed by a little-noticed judgment, have given the go-ahead to using torture-induced intelligence.”

Full story

The Guardian, 3rd March 2011

Source: www.guardian.co.uk

Couple given children back after judge overturns court ruling – Daily Telegraph

“A couple have been reunited with their children after a family court’s decision to separate them was overturned by a judge who criticised the ‘brisk’ nature of the original hearing.”

Full story

Daily Telegraph, 22nd February 2011

Source: www.telegraph.co.uk

Phone hacking: police hand over evidence they claimed did not exist – The Guardian

“The Metropolitan police have been accused of misleading behaviour in the phone-hacking scandal after handing over evidence they had twice claimed did not exist.”

Full story

The Guardian, 17th February 2011

Source: www.guardian.co.uk

Jeremy Bamber hopes new crime scene evidence will free him – The Guardian

“Police investigating the White House Farm killings, for which Jeremy Bamber was convicted of multiple murders, have been accused of corrupting vital evidence after claims they allowed the crime scene to be used as a training exercise for firearms officers.”

Full story

The Guardian, 31st January 2011

Source: www.guardian.co.uk

Net piracy gets its day in court – BBC News

“Illegal file-sharing is under the spotlight as 26 alleged net pirates appear in court but, in a bizarre twist, it is the law firm that brought the cases that appears to be on trial.”

Full story

BBC News, 25th January 2011

Source: www.bbc.co.uk

Masri v Consolidated Contractors International Co SAL and another (No 2) – WLR Daily

Masri v Consolidated Contractors International Co SAL and another (No 2) [2011] EWCA Civ 21; [2011] WLR (D) 11

“Save in exceptional circumstances, para 4.2 of the Practice Direction supporting CPR Pt 32 required the deponent of an affidavit to identify the source of the relevant information or belief stated in the affidavit. If the source was a person that person must, save in exceptional circumstances, be identified with sufficient certainty to enable to person against whom the affidavit was directed to investigate the information or belief in accordance with the rules of court or other relevant legal principles.”

WLR Daily, 21st Janaury 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Intelligence agencies go to supreme court over ruling on secret evidence – The Guardian

“MI5 and MI6 will argue in a test case before the supreme court tomorrow that in future no intelligence gathered abroad, even if initially obtained through torture, should ever be disclosed in a British court.”

Full story

The Guardian, 23rd January 2011

Source: www.guardian.co.uk

Undercover officer ‘switched sides’ in power station trial – The Independent

“The trial of six people accused of trying to shut down one of Britain’s biggest power stations has collapsed amid claims that an undercover policeman who infiltrated their group offered to give evidence on their behalf.”

Full story

The Independent, 10th January 2011

Source: www.independent.co.uk

CPS publishes guidance on Non-Accidental Head Injury cases involving children – Crown Prosecution Service

“Updated guidance for prosecutors on dealing with Non-Accidental Head Injury (NAHI) cases involving children, formerly known as ‘Shaken Baby Syndrome’ cases, has been published today by the Crown Prosecution Service.”

Full press release

Crown Prosecution Service, 6th January 2011

Source: www.cps.gov.uk

Murder convictions for child head injuries to require extra evidence – CPS – The Guardian

“Evidence of head injuries is unlikely to be sufficient on its own to charge someone with homicide, attempted murder or assault of young children, the Crown Prosecution Service said today.”

Full story

The Guardian, 6th January 2011

Source: www.guardian.co.uk

Regina v C – WLR Daily

Regina v C [2010] EWCA Crim 2971; [2011] WLR (D) 347

“Where a defendant wished to challenge evidence of earlier convictions which the Crown sought to deploy as relevant to the question of whether the defendant was responsible for the commission of the offences for which he was on trial, the defendant’s bare assertion that he did not commit those earlier offences was inadequate; it was essential that the defendant provide a detailed defence statement identifying all the ingredients of the case which he proposed to advance for the purpose of discharging the evidential burden of proving that he did not commit the earlier offences.”

WLR Daily, 23rd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Man convicted of murder in double jeopardy retrial – The Independent

“The first person to face a murder retrial following the discovery of new forensic evidence was convicted today.”

Full story

The Independent, 13th December 2010

Source: www.independent.co.uk

Judgment reserved in murder appeal as forensic evidence divides experts – The Guardian

“Scientists split over fibres that prosecution says links jailed office worker to home of widow killed during break-in.”

Full story

The Guardian, 9th December 2010

Source: www.guardian.co.uk

Regina (Secretary of State for the Home Department) v Assistant Deputy Coroner for Inner West London – WLR Daily

Regina (Secretary of State for the Home Department) v Assistant Deputy Coroner for Inner West London
[2010] EWHC 3098 (Admin); [2010] WLR (D) 305

“A coroner did not have power to receive sensitive evidence relating to the security service in a closed hearing in the absence of properly interested persons and their legal representatives.”

WLR Daily, 1st December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

7/7 inquest: government loses appeal over secret hearings – The Guardian

“The home secretary, Theresa May, has lost her legal attempt to force the coroner for the 7 July inquests to hold some sessions in secret.”

Full story

The Guardian, 22nd November 2010

Source: www.guardian.co.uk

Expert Evidence in Criminal Courts – the Problem – Speech by Lord Leveson

“Expert Evidence in Criminal Courts – the Problem – Speech by Lord Justice Leveson – Forensic Science Society, 18th November 2010.”

Full speech

Judiciary of England and Wales, 18th November 2010

Source: www.judiciary.gov.uk

Fingerprint identification evidence questioned by senior judge – Daily Telegraph

“A senior judge has raised concerns over fingerprint evidence used in criminal trials, warning that it rests on ‘assumptions’ that have never been scientifically proven.”

Full story

Daily Telegraph, 19th November 2010

Source: www.telegraph.co.uk

Court says News of the World staff who ordered phone hack must be named – The Guardian

“The private investigator at the centre of the phone-hacking scandal has been ordered by a high court judge to reveal who instructed him to engage in the illegal interception of voicemail messages of public figures.”

Full story

The Guardian, 17th November 2010

Source: www.guardian.co.uk

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR daily

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others  [2010] UKSC 44; [2010] WLR(D) 270 

“Facts communicated between parties in the course of ‘without prejudice’ negotiations which, but for the ‘without prejudice’ rule, would be admissible as part of the factual matrix or surrounding circumstances as an aid to construction of the resulting agreement, were admissible in evidence, as an exception to the rule, in a subsequent dispute between the parties as to the proper meaning of a clause in the agreement.”

WLR Daily, 29th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Stakefield (Midlands) Ltd and others – WLR Daily

In re Stakefield (Midlands) Ltd and others [2010] WLR (D) 249

“A defendant to disqualification proceedings brought by the Secretary of State for Business, Enterprise and Regulatory Reform would not be entitled to have the proceedings struck out on the basis that the Secretary of State had committed a breach of duty by failing to obtain evidence or otherwise to investigate. Where, however imperfect the investigations might have been, the Secretary of State had in fact assembled evidence of a defendant’s unfitness to be concerned in the management of a company, it was for the court to determine at trial whether the Secretary of State had made out his case.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Magistrates order pregnant Muslim to remove veil – Daily Telegraph

“Magistrates ordered a pregnant Muslim woman to remove her veil while she gave evidence against her violent ex-partner.”

Full story

Daily Telegraph, 8th October 2010

Source: www.telegraph.co.uk

Concerns increase over extradition laws – BBC News

“High-profile requests from the US have brought Britain’s extradition laws into the news. But Britain actually sends more people for trial to Poland than anywhere else and the architect of the law, David Blunkett, admits there have been unintended consequences.”

Full story

BBC News, 2nd September 2010

Source: www.bbc.co.uk

Regina v Hamer – WLR Daily

Regina v Hamer [2010] WLR (D) 235

“A fixed penalty notice which had been issued to a defendant pursuant to s 2 of the Criminal Justice and Police Act 2001 was not a conviction, admission of guilt, proof that a crime had been committed, or a stain on the defendant’s character, and therefore could not be regarded as evidence which impugned the character of the defendant or admitted as such.”

WLR Daily, 20th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Seaton – WLR Daily

Regina v Seaton [2010] EWCA Crim 1980; [2010] WLR (D) 234

“Where it was suggested at trial that a defendant’s or witness’s account was a recent fabrication, he could not, unless he had waived legal professional privilege, be asked whether he had told his lawyer what he now said was the truth, or whether he was willing to waive the privilege. If a defendant gave evidence of what had passed between him and his lawyer, he could not be in breach of his own privilege, but was waiving privilege, although not necessarily waiving it entirely and generally. If a defendant said that he had given his solicitor the account then offered at trial, that would ordinarily mean that he could not be cross-examined about exactly what he had told the solicitor on that topic, but another party could comment upon the fact that the solicitor had not been called to confirm something which, if true, he easily could confirm, if the comment were fair.”

WLR Daily, 20th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

New evidence may clear postman of sex attack after 14 years in jail – The Guardian

“Lawyer for Victor Nealon says crucial forensic evidence was left untested as surgeon insists wrong man was convicted.”

Full story

The Guardian, 22nd August 2010

Source: www.guardian.co.uk

Sion Jenkins: the Home Office decides that ‘not guilty’ is different from ‘innocent’ – The Guardian

“The government decides compensation should be paid only to those who wrongly spend time in prison if new evidence has proved them innocent.”

Full story

The Guardian, 15th August 2010

Source: www.guardian.co.uk

Covertly found assets no longer valid in divorce – The Guardian

“Separated couples will no longer be able to use secretly obtained documents to reveal their spouse’s hidden assets in divorce proceedings, the court of appeal has ruled.”

Full story

The Guardian, 30th July 2010

Source: www.guardian.co.uk

UK opts-in to plan to share evidence between EU police – BBC News

“Home Secretary Theresa May says the UK will opt in to an EU order allowing foreign police to be given evidence held in the UK.”

Full story

BBC News, 27th July 2010

Source: www.bbc.co.uk

Handing foreign intelligence to British courts to be made illegal – Daily Telegraph

“Handing foreign intelligence to British courts is to be made illegal, the Prime Minister has announced, as he said the government would pay compensation to end a series of embarrassing legal cases.”

Full story

Daily Telegraph, 7th July 2010

Source: www.telegraph.co.uk

Criminal law: new offences, amendments and provisions – Law Society’s Gazette

“Significant parts of the Coroners and Justice Act 2009 took effect during the spring of this year. On 1 February section 59 was brought into force amending the Suicide Act 1961. For the old offence under section 2, there is now substituted a provision that ‘a person (D) commits an offence if (a) D does an act capable of encouraging or assisting the suicide or attempted suicide of another person and (b) D’s act was intended to encourage or assist suicide or an attempt at suicide’.”

Full story

Law Society’s Gazette, 1st July 2010

Source: www.lawgazette.co.uk

Regina v Brewster – WLR Daily

Regina v Brewster  [2010] EWCA Crim 1194; [2010] WLR (D) 159

“Where a party sought to admit evidence of a witness’s bad character which bore only indirectly on his credibility, and that credibility was a matter in issue in the proceedings and of substantial importance in the context of the case as a whole, such evidence was only admissible pursuant to s 100(1)(b) of the Criminal Justice Act 2003 as evidence of substantial probative value on the issue of creditworthiness if it was reasonably capable of assisting a fair minded jury to reach a view as to whether the witness’s evidence was worthy of belief.”

WLR Daily, 25th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Rapist jailed for 1987 sex attack in east London – BBC News

“A sex attacker caught after a cold case review has been jailed for 10 years.”

Full story

BBC News, 25th June 2010

Source: www.bbc.co.uk

Rapists going free through errors by inexperienced doctors, says BMA – The Guardian

“Rapists are not being convicted because doctors are making errors when examining victims, according to medical experts specialising in sexual assaults.”

Full story

The Guardian, 22nd June 2010

Source: www.guardian.co.uk

Ken Clarke sets up secret inquiry into police killing of Azelle Rodney – The Guardian

“A ‘secret’ judicial inquiry is to be held into the death of Azelle Rodney, an unarmed 24-year-old black Londoner who was shot by a Metropolitan police marksman five years ago, the new justice secretary, Kenneth Clarke, has announced.”

Full story

The Guardian, 10th June 2010

Source: www.guardian.co.uk

Saville inquiry: key evidence from Bloody Sunday – The Guardian

“The Bloody Sunday inquiry sat between April 1998 and January 2005. Much of the evidence was new, some contradictory. Here are some of the most significant disclosures.”

Full story

The Guardian, 11th June 2010

Source: www.guardian.co.uk

Regina v R (L) – WLR Daily

Regina v R (L) [2010] EWCA Crim 924; [2010] WLR (D) 126

“Where a defendant was charged with offences relating to indecent images of children, arrangements to provide his lawyers with copies of those images for the sole purpose of discharging their professional responsibilities to the defendant, and the acceptance by them of access to the material for that purpose, could not in any circumstances be regarded as criminal. Where the Crown had possession of such material it had to propose satisfactory arrangements to enable the defendant to have confidential, private discussions of the material with his lawyers, unsupervised and unobserved by police officers or Crown representatives.”

WLR Daily, 18th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Appeal court upholds ruling that CPS case was abuse of process – Law Society’s Gazette

“A prosecution for possession of indecent images of a child has been stayed as an abuse of process after the Crown Prosecution Service refused to make copies of the images for the defence, claiming that to do so would lead CPS staff to commit an offence.”

Full story

Law Society’s Gazette, 20th May 2010

Source: www.lawgazette.co.uk

Work starts to reverse ban on using intercept evidence in criminal trials – The Guardian

“The government will attempt to make intercept evidence admissible in court, the Guardian has learned, in a move likely to bring ministers into conflict with the intelligence services.”

Full story

The Guardian, 16th May 2010

Source: www.guardian.co.uk

Girl, 8, admits she lied about sexual assault – The Independent

“An eight-year-old girl who told her mother that two 10-year-old boys had sexually assaulted her, yesterday said in court that she had lied about the incident because she had been ‘naughty’ and was worried she would not get any sweets.”

Full story

The Independent, 14th May 2010

Source: www.independent.co.uk

Regina v Cooper (John) – WLR Daily

“Where a defendant was charged with perjury, he could not be convicted solely on the evidence of a witness who relied on business records which he had prepared himself and which did not therefore represent independent evidence.”
WLR Daily, 7th May 2010

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Al Rawi and others v Security Service and others – WLR daily

Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111

“It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a closed material procedure in respect of the trial of an ordinary civil claim such as a claim for damages for tort or breach of statutory duty.”

WLR Daily, 5th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Former Guantánamo detainees set for payouts after winning secrecy appeal – The Guardian

“British residents held at Guantánamo Bay could be offered millions of pounds in compensation for wrongful imprisonment and abuse after the court of appeal today dismissed an attempt by MI5 and MI6 to suppress evidence of alleged complicity in torture.”

Full story

The Guardian, 4th May 2010

Source: www.guardian.co.uk

Government cannot use secret evidence in Guantánamo torture case, court rules – The Guardian

“Secret evidence cannot be used in a civil damages claim being brought by six former Guantánamo Bay detainees, the court of appeal ruled today.”

Full story

The Guardian, 4th May 2010

Source: www.guardian.co.uk

Guantanamo damages claimants to hear evidence ruling – BBC News

“Six former Guantanamo Bay detainees are to hear if an appeal has succeeded against government use of secret evidence to fight their damages claim.”

Full story

BBC News, 4th May 2010

Source: www.bbc.co.uk

Inquiry call after video evidence clears man accused of violence at protest – The Guardian

“Lawyers have called for an inquiry into the prosecution of a man accused of violent disorder at demonstrations after claiming that the police delayed releasing vital video footage which proved his innocence.”

Full story

The Guardian, 25th March 2010

Source: www.guardian.co.uk

Solicitor General to examine ‘News of the World’ hacking – The Independent

“The News of the World phone-hacking scandal took a fresh twist yesterday as it emerged that Britain’s second most senior law officer is to examine concerns of collusion between the newspaper and police.”

Full story

The Independent, 14th March 2010

Source: www.independent.co.uk

Noble v Owens – WLR Daily

Noble v Owens [2010] EWCA Civ 224; [2010] WLR (D) 73

 “Where fresh evidence was adduced in the Court of Appeal tending to show that the judge at first instance had been deliberately misled the court would only allow the appeal and order a retrial where the fraud was either admitted or the evidence of it was incontrovertible. In any other case, the issue of fraud had to be determined before the judgment of the court below could be set aside.”

WLR Daily, 11th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


July 2020
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031  

Categories