Regina v Pooley (Jonathan); Regina v Lubemba – WLR Daily

Posted November 18th, 2014 in children, criminal procedure, cross-examination, law reports, trials, witnesses by sally

Regina v Pooley (Jonathan); Regina v Lubemba [2014] WLR (D) 472

‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

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Judge hits out at system that encourages solicitors to charge barristers referral fees – Legal Futures

‘Mr Justice Green, chairman of the Advocacy Training Council, has condemned the lack of a “level playing field” for publicly funded advocates, which is leading to the practice of “selling litigation rights”.’

Full story

Legal Futures, 13th November 2014

Source: www.legalfutures.co.uk

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Regina v P (J); Regina v Lubemba – WLR Daily

Posted November 11th, 2014 in children, criminal procedure, cross-examination, evidence, law reports, trials, witnesses by tracey

Regina v P (J); Regina v Lubemba: [2014] WLR (D) 472

‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

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Neuberger unsure of benefits of single joint experts – Litigation Futures

Posted November 10th, 2014 in cross-examination, expert witnesses, news by sally

‘The use of single joint experts could render the judge purely a “figure head” in proceedings, the president of the Supreme Court has warned.’

Full story

Litigation Futures, 10th November 2014

Source: www.litigationfutures.com

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European Convention on Human Rights: What has it ever done for us? – The Independent

‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’

Full story

The Independent, 3rd October 2014

Source: www.independent.co.uk

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Domestic violence victims are being forced to face abusers in court ordeal, lawyers warn – The Independent

‘Growing numbers of domestic violence victims are being quizzed by their former partners in court due to cuts in legal aid which have led to a rise in litigation-in-person cases, family law specialists are warning.’

Full story

The Independent, 5th October 2014

Source: www.independent.co.uk

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New rights for victims of crime – Halsbury’s Law Exchange

‘Victims will have the right to tell the court how they have been affected by a crime as part of a major set of reforms announced by the Justice Secretary. They will also receive better information and support with the introduction of a nationwide Victims’ Information Service, making it easier for victims by establishing a single source of information and help.’

Full story

Halsbury’s Law Exchange, 30th September 2014

Source: www.halsburyslawexchange.co.uk

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A bold new vision for the treatment of victims – Ministry of Justice

‘Victims’ rights will be enshrined in law as part of a major set of reforms announced by Justice Secretary Chris Grayling today.’

Full press release

Ministry of Justice, 14th September 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Should children give evidence in family proceedings? – Halsbury’s Law Exchange

‘The case concerned a five-year-old boy. The appellant, his father, had applied for contact. The mother had opposed, alleging violence and so a fact finding hearing was ordered. The mother wanted her 13-year-old daughter, from a different relationship, to give evidence about some of the alleged incidents. That child had never been asked about the incidents and had to date given no account, whether by an Achieving Best Evidence (ABE) interview or otherwise. The judge ordered Cafcass to meet with this child to explore matters further – in particular, whether that child should answer questions put to her in writing and/or give live evidence at the hearing. The father appealed that decision. After the hearing and before the father obtained a stay, Cafcass met the child. Cafcass recommended that the questions should be reworded and reduced in number and also that the child “should not be compelled to provide live evidence” and/or “subjected to live cross-examination”.’

Full story

Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

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DPP to examine treatment of witnesses after abuse victim’s death – The Guardian

‘The director of public prosecutions (DPP) said she recognised the “real issue” over whether victims and witnesses are treated fairly after the death of a sex abuse victim sparked calls for reform.’

Full story

The Guardian, 27th July 2014

Source: www.guardian.co.uk

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Sex abuse victim has post traumatic stress from court questioning – BBC News

‘A sex abuse victim says a cross-examination in court in Jersey was so aggressive she has been diagnosed with Post Traumatic Stress Disorder (PTSD).’


Full story

BBC News, 23rd June 2014

Source: www.bbc.co.uk

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Hayes v Hayes – WLR Daily

Posted June 20th, 2014 in appeals, bankruptcy, civil procedure rules, cross-examination, law reports by tracey

Hayes v Hayes: [2014] WLR (D) 267

‘Cross-examination was not appropriate on the hearing of a bankruptcy petition. The appeal court should be slow to depart from the regular practice of registrars, which was to decide such hearings without cross-examination. The insolvency court was not a suitable forum for the trying of disputes.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

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First victims spared harrowing court room under pre-recorded evidence pilot – Ministry of Justice

‘The first ever case allowing vulnerable victims and witnesses to give evidence ahead of the trial will start tomorrow.’

Full story

Ministry of Justice, 28th April 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Vulnerable witnesses allowed to give evidence pre-trial – BBC News

‘Vulnerable witnesses can give evidence before a trial starts from Monday as part of a pilot scheme in three Crown Courts in England.’

Full story

BBC News, 28th April 2014

Source: www.bbc.co.uk

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Should judges question vulnerable witnesses? – Halsbury’s Law Exchange

Posted April 11th, 2014 in barristers, cross-examination, judiciary, news, professional conduct, witnesses by sally

‘Sir Keir Starmer, the former Director of Public Prosecutions, has been in the news this week with the suggestion that vulnerable witnesses should be questioned by the Judge in the case rather than by counsel, and this idea should give us pause to reflect on both the role of the judge and the role of the advocate.’

Full story

Halsbury’s Law Exchange, 10th April 2014

Source: www.halsburyslawexchange.co.uk

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Attorney general resists call to protect witnesses from court cross-examination – The Guardian

Posted April 8th, 2014 in attorney general, children, cross-examination, judiciary, news, trials, witnesses by sally

‘Dominic Grieve QC, the attorney general, has resisted calls for young and vulnerable witnesses to be cross-examined by a judge rather than several barristers to avoid aggressive courtroom questioning .’

Full story

The Guardian, 7th April 2014

Source: www.guardian.co.uk

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A voice for victims of crime – The Guardian

‘Justice isn’t just about sentencing: it’s about encouraging victims to come forward in the first place. Labour’s planned law will help. By Keir Starmer.’

Full story

The Guardian, 6th April 2014

Source: www.guardian.co.uk

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Vulnerable witness reforms proposed by Keir Starmer in new ‘victims’ law’ – BBC News

‘Radical changes to the way vulnerable witnesses are treated in court are being considered by the Labour Party.’

Full story

BBC News, 7th April 2014

Source: www.bbc.co.uk

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Change is long overdue for victims of crime – The Guardian

‘The court process can be traumatic for accusers like Tracy Shelvey. Will a proposed victims’ law make it fit for purpose?’

Full story

The Guardian, 2nd April 2014

Source: www.guardian.co.uk

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The Not Entirely Secret Diary of Mr Lansley – Panopticon

‘What considerations are relevant when deciding whether a Ministerial diary should be disclosed under FOIA? The decision of the First-tier Tribunal in Department of Health v Information Commissioner EA/2013/0087 is, perhaps surprisingly, the first Tribunal decision to address this issue. The judgment engages with a number of difficult issues: the Tribunal’s approach to Government evidence, the value of cross-examination in Tribunal hearings, aggregation of public interests under FOIA, and Parliamentary privilege. Hence it is of general importance, going beyond the intrinsic interest of its specific subject matter.’

Full story

Panopticon, 18th March 2014

Source: www.panopticonblog.com

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