Overturning a conviction via a libel case

[stockton]

Could someone point me to the conviction (I think for murder) that was overturned by taking out a libel case against a newspaper ?

[AF62]

Could someone point me to the conviction (I think for murder) that was overturned by taking out a libel case against a newspaper ?

Not thinking of this one? Man cleared of Bedford lake murder wins libel against police http://www.bbc.co.uk/news/uk-england-be ... s-18293607

[stockton]

No, not that one. The libel case was used to ensure that the criminal conviction was reviewed, and I suspect was some time in the 1980s.
The case had considerable publicity but probably pre-dated the internet.

[johnhemming]

I don't know the case. I have dealt myself with three successful criminal appeals. One where I filled in the appeal paperwork (PTA) for the family, one where I assisted the case via the CCRC and one where an appeal succeeded through relatively normal processes.

I am willing to spend a little time looking situations where people argue they have such cases.

[stockton]

Thanks, John. I am only trying to find the case to illustrate a legal argument on another forum.

The case I am thinking of had so much publicity that I hope that someone will remember it. Prior to the formation of the Criminal Cases Review Board in 1997 it was very difficult to get a conviction reviewed and winning a libel case was one of the few ways of forcing a review.

[johnhemming]

The essential problem is that as a general principle there is only one opportunity to appeal a decision. Hence if you mess up your first appeal that's it. Hence there has to be some relatively effective route towards a second appeal. The CCRC is one of those. Before that getting a decision on balance of probabilities the other way would have been pretty good, but I don't remember anything about such a case.

The courts are not insensitive to public concerns.

[Mike4]

Opening out the discussion, one often sees or hears of court cases where a lawyer cites a case from 30 years ago of e.g. "Bloggs Vs Sproggins", or "Throstlethwaite Vs. The Crown" in which a precedent was set hopefully affecting their current case.

There must be a technique for 'reverse searching' case archives to turn up such cases. How is it done? Or do the lawyers involved have really good memories and recall? I've often wondered...

[dionaeamuscipula]

Opening out the discussion, one often sees or hears of court cases where a lawyer cites a case from 30 years ago of e.g. "Bloggs Vs Sproggins", or "Throstlethwaite Vs. The Crown" in which a precedent was set hopefully affecting their current case.

There must be a technique for 'reverse searching' case archives to turn up such cases. How is it done? Or do the lawyers involved have really good memories and recall? I've often wondered...

Lawyers have specialist databases for these sorts of things although true specialists will know all the important cases in their field off the tops of their heads.

https://www.lexisnexis.co.uk/ for example.

DM

[didds]

No, not that one. The libel case was used to ensure that the criminal conviction was reviewed, and I suspect was some time in the 1980s.
The case had considerable publicity but probably pre-dated the internet.

was it the guy who was alleged etc to have raped (?) and killed a woman on streatham common/some other peice of park/common land?

cant recall any names? that case got quite famnous and i am sure he eventually got freed?

[oldapple]

https://en.m.wikipedia.org/wiki/Murder_ ... el_Nickell

Didds, this might be the case you are referring to?

[didds]

https://en.m.wikipedia.org/wiki/Murder_of_Rachel_Nickell

Didds, this might be the case you are referring to?

yes that was it. But clearly now im reminded of the case, it doesnt fit the initial query after all - apologies

cheers

didds