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  • Al-Khawaja & Tahery v UK: Lord Irvine vindicated

    Carl Gardner
    December 15, 2011

    In his lecture last night, Lord Irvine invited British judges to become more assertive in deciding human rights cases for themselves, agreeing or disagreeing with the European Court of Human Rights, as they see fit. Today’s judgment from the […]

    Tags: crime, evidence, human rights
  • UK Supreme Court judgment: Cadder v H.M. Advocate

    Carl Gardner
    October 26, 2010

    The Supreme Court has given judgment today in this case about whether Scottish criminal suspects must have the right to a lawyer when being questioned in the first hours after they’re arrested and detained, a right which legislation currently […]

    Tags: crime, evidence, human rights, scotland, UK Supreme Court
  • In Re B: lions, dogs and the civil standard of proof

    Carl Gardner
    June 11, 2008

    The Lords have given quite an interesting judgment today on the standard of proof in care proceedings under the Children Act 1989, which I think in principle applies across the board in civil proceedings. They’ve cut through the confusion […]

    Tags: children, evidence, family, house of lords
  • The sixth amendment and confrontation of witnesses

    Carl Gardner
    June 9, 2008

    The trial of Al Qaeda suspects in the US big news at the moment of course – with Khalid Sheikh Muhammad and others having appeared before a military tribunal on Friday. I’m interested, though, in this Federal Court […]

    Tags: crime, evidence, terrorism, united states, US constitution
  • Lance Corporal Hull’s inquest: the video

    Carl Gardner
    February 7, 2007

    So, The Sun has published the video from the cockpit of the plane that killed LCol Hull. It’ll be interesting to see whether the MoD will now accept that this video is accurate, or whether they’ll distance […]

    Tags: evidence, public law
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