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Crime

Bad character – take care

The CA warns that considerable caution must be taken before a court will allow admission, as bad character, of reprehensible behaviour other than previous convictions.

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Hearsay – update

Two cases of interest on hearsay evidence:

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ID – earprints

Earprints are admissible in evidence but the facts of each case must be examined carefully. In a recent case the police had recovered an earprint from a window pane and the expert giving evidence at trial contended that the earprint found on the window pane matched earprints subsequently taken from the defendant.

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Evidence – voice recognition

The CA has given welcome guidance in relation to voice recognition evidence.

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Assisted suicide – human rights

An individual’s human rights under Article 8(1) were not engaged in relation to assisted suicide.

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Sentencing – death by dangerous driving

p>Sentencing guidelines have been reconsidered in the case of R v Barnes [2008]. The defendant was driving his truck along a dual carriageway when an unsecured sofa in the rear fell onto the inside lane.
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Crime – prison law

It is not uncommon for prisoners to complain that their legal mail has been interfered with. The Prison Rules prohibit legal correspondence being opened, read or stopped, unless specific exceptions apply.

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Crime – CPR

Before the introduction of the CPR, finding the rules that applied to any particular aspect of criminal litigation was time-consuming and frustrating. There was inconsistency in language, time scales and general approach, with most rules being observed in the breach.

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Most-read articles

LPAs – gifts by attorneys
Wednesday, 13 November 2019
Giving attorneys the power under an LPA to make gifts to others and themselves can invalidate it, the Office of the Public Guardian (OPG) has ruled in a test case. The law limits the power of... Read more...
VAT and disbursements – Law Society guidance
Wednesday, 13 November 2019
The Law Society has issued a detailed new practice note ‘VAT Treatment of Disbursements and Expenses’ (8 October 2019) following two recent cases in which the concept of disbursements has been... Read more...
Socialising with colleagues – a thing of the past?
Wednesday, 13 November 2019
 It is not the role of The Practical Lawyer to judge. But firms would be well advised to re-visit their attitude to lawyers socialising with each other following a recent high-profile case of the... Read more...
Trial bundles – careful preparation required
Wednesday, 13 November 2019
Rather like buses, one waits for judicial comment on court documents and trial bundles, and then two come along at once. An article discusses a recent case in which the court was unimpressed with the... Read more...
Infant approval hearing – top tips
Wednesday, 13 November 2019
An interesting article provides some practical advice on achieving the court’s approval in infant approval hearings. This is a mechanism by which the court considers and, hopefully, approves the... Read more...
Tenant Fees Act 2019 – fully into force
Wednesday, 13 November 2019
We have reported in our March 2019 (p27) and May 2019 (p28) editions on the introduction of the Tenant Fees Act which came into force for new tenancies and licences to occupy on 1 June 2019. The Act... Read more...
CVA – use to reduce rent
Wednesday, 13 November 2019
 If a limited company is insolvent, it can use a CVA to pay creditors over a fixed period. If creditors agree, the limited company can continue trading. The CVA has been used by companies in the... Read more...
Rectification of title – what is ‘exceptional’?
Wednesday, 13 November 2019
The HC has considered whether or not to correct a mistake on a registered title. Under Sch 4 LRA 2002 the court can order rectification but no order may be made without the proprietor’s consent in... Read more...
Paternity – best interests
Wednesday, 13 November 2019
What’s the court’s approach to paternity cases when the issue arises years after the child’s birth, and in circumstances where both child and F always believed F was the biological father, but... Read more...
Religious beliefs – not always protected
Tuesday, 12 November 2019
The ET has heard an interesting case relating to a person’s religious beliefs. The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced... Read more...

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