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Browse \ Tags \ Courts
Prosecuting Rape: Is the CPS Raising the Bar Too High?
The End Violence Against Women Coalition has recently launched a legal challenge against the CPS for wrongfully dropping rape cases as conviction rates plummet. Has the CPS strayed from established policy, or is this simply a result of austerity and systemic issues in our justice system?
12:00, 8th October 2019
Jury Confidentiality Rules: Protector of Honesty or Enabler of Injustice?
Jury confidentiality rules, preventing the disclosure or solicitation of details of jury deliberations in any criminal trial, achieve many legitimate purposes. However, many judges have had to ignore glaring accusations of jury misconduct as a result, risking serious miscarriages of justice.
12:00, 30th July 2019
Climate Change Litigation: Can the Courts Save the Planet?
Climate change is becoming a more pressing problem everyday, with mankind only having an estimated 11 years left to prevent irreversible damage. In light of the increasing failure of governments to take action, litigants are turning to the courts to force change in this area.
12:00, 23rd July 2019
'In Your Defence: Stories of Life and Law': An Interview with Sarah Langford
'In Your Defence' follows the the stories of eleven individuals, the details drawn from multiple real-life cases. In conversation with Keep Calm Talk Law, barrister and author Sarah Langford discusses life at the bar for women, motivations for writing and the crumbling criminal justice system.
12:00, 5th March 2019
Biased Judgment or Baseless Accusation? Impartiality in the Courts
It is of fundamental importance that justice is done and seen to be done - a key part of this is that the judiciary are impartial in their decision making. However, bias may undoubtedly seep through in some cases. The Court of Appeal considered where to draw the line in 2018.
12:00, 15th January 2019
Book Review: 'Under the Wig' by William Clegg QC
'Under the Wig' is an autobiography by one of England's top criminal barristers. William Clegg QC - head of 2 Bedford Row - writes about his life and some of his most significant cases. The book is entertaining and engaging, but its greatest strength is its accessibility.
12:00, 2nd October 2018
TV Review: Does ITV's 'Inside the Court of Appeal' do the Court Justice?
'Inside the Court of Appeal' was a documentary broadcast on ITV One that followed three criminal appeals. Although it provided a rare and invaluable insight into the workings of the Court of Appeal, it could be argued that it will not help secure public confidence in the criminal justice system.
12:00, 31st August 2018
Armes v Nottinghamshire CC: Vicarious Liability Spirals out of Control
The law on vicarious liability has gradually widened in recent years. However, a recent Supreme Court judgment pushed this area of the law too far, opening its applicability up to too many relationships and encouraging companies to contract out their services to avoid liability.
12:00, 21st August 2018
Communications Data: A Critical Investigative Tool or a Charter to Snoop?
When granting law enforcement authorities access to communications data, the law must strike a balance between the interests of public protection and the individual right to privacy. The UK's current law in this area appears to be failing in this respect; more must be done to correct the imbalance.
12:00, 17th July 2018
Consenting to Serious Violence in R v BM: An Update to R v Brown?
The infamous case of R v Brown [1994] set down the rule that a person cannot generally consent to serious harm. Though controversial, this appears settled law. However, it was law that was tested in a recent case before the Court of Appeal involving a body modification artist... and a snake tongue.
12:00, 8th May 2018
The Belfast Trial: What Relying on Rape Myths Means for Justice
A defence barrister in the Belfast Trial sought to harness a rape myth in order to discredit the complainant. It is regrettable that rape myths are commonly used in this way, and even more regrettable that they are often effective in securing acquittals. The law should intervene to prevent this.
12:00, 1st May 2018
#MeToo, #IBelieveHer and the Belfast Trial: Drawing Distinctions
There are important limitations to a finding of legal guilt in rape and sexual assault cases. This was made clear by the controversial decision in the Belfast Trial. Movements like #MeToo and #IBelieveHer must be careful to distinguish legal guilt from morally and socially unacceptable conduct.
12:00, 27th April 2018
Book Review: 'Stories of the Law and How It's Broken' by the Secret Barrister
'Stories of the Law and How It's Broken', written by anonymous barrister 'The Secret Barrister', takes a sobering look at the realities of the crumbling English and Welsh criminal legal system. A definite must-read, it is hoped the book's success will help save a system on the brink of collapse.
00:37, 2nd April 2018
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