(Commission – Admissibility) The Corporation complained that it had been served with a witness summons obliging it to to hand over materials in its possession, both broadcast and not-broadacst being coverage of a riot. Judges: Rozakis P Citations: 25798/94, [1996] ECHR 82 Links: Bailii Statutes: European Convention on Human Rights 6 10, Criminal Procedure (Attendance … Continue reading British Broadcasting Corporation v United Kingdom: ECHR 18 Jan 1996
The defendant appealed against a refusal of a stay of the proceedings as an abuse, and the decision to admit certaiin evidence, and a refusal to issue a witness summons against an alleged informant. The defendant had been subject to an undercover investigation, which, he said officers had acted as agent provocateurs. Held: In assessing … Continue reading Regina v Stone: CACD 19 Jul 2000
The defendant youth appealed his conviction and sentence for rape by oral penetration of a six or seven year old boy. He complained that the evidence contained such inconsistences that the case should not have proceeded. Complaint was also made that the court setting had been inappropriate for a thirteen year old witness. Held: The … Continue reading H, Regina v: CACD 25 Apr 2006
The defendants appealed against their convictions for conspiracy to manufacture and distribute counterfeit Microsoft products. They said that inadequate disclosure had been provided by Microsoft. The principal witness was a participating informant whose evidence had contained many demonstrable lies. Held: Longmore LJ said: ‘the Crown does have obligations in respect of material in the hands … Continue reading Regina v Alibhai and Others: CACD 30 Mar 2004
The claimant was the child complainant in an allegation of sexual assault. The defendant requested her medical records, and she now complained that she had been unfairly pressured into releasing them. Held: The confidentiality of a patient’s medical records belongs to the patient, and the duty of confidence owed by a medical professional to a … Continue reading TB, Regina (on the Application of) v The Combined Court at Stafford: Admn 4 Jul 2006
The claimant challenged his imprisonment under the 1966 Act for non-co-operation as a prosecution witness. He had shown fear of the defendants and repeatedly failed to attend court or to be co-operative. He had completed his evidence, and the defendants had declined to ask him any questions. The judge had remanded him in custody against … Continue reading TH v The Crown Court Wood Green and others: Admn 31 Oct 2006
The defendant solicitors, DLA Piper, had sought an order for a witness summons against the BDO, which had been accountants to DLA’s client now accused of false accounting. BDO successfully resisted the issuing of the summons, and was awarded its costs. The judge in the Crown Court had found herself unable to aard costs on … Continue reading DLA Piper UK Llp v BDO Llp: Admn 13 Dec 2013
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