CA: Lawyers can be cross-examined in wasted costs applications – Legal Futures

Posted November 12th, 2021 in appeals, costs, cross-examination, law firms, news, solicitors, wasted costs orders by tracey

‘Judges have the power to direct cross-examination of a lawyer against whom a wasted costs order is sought, but it should be “very much the exception”, the Court of Appeal said yesterday.’

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Legal Futures, 12th November 2021

Source: www.legalfutures.co.uk

Toning down the theatrics: Barristers “less aggressive” in remote hearings – Legal Futures

“A significant number of expert witnesses who have been appeared in court remotely over the past 18 months say barristers have been “less aggressive” in their cross-examination.”

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Legal Futures, 5th November 2021

Source: www.legalfutures.co.uk

Court of Appeal decision in Griffiths v TUI UK Ltd [2021] EWCA Civ 1442: judicial evaluation of ‘uncontroverted’ expert evidence – St John’s Chambers

Posted November 2nd, 2021 in burden of proof, cross-examination, evidence, expert witnesses, news by sally

‘Jimmy Barber of our Personal Injury team summarises the Court of Appeal’s decision in the case of Griffiths v TUI UK Ltd [2021] EWCA Civ 1442, which was handed down on 7th October 2021.’

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St John's Chambers, 18th October 2021

Source: www.stjohnschambers.co.uk

Domestic violence victim says UK justice system is ‘like the abuse’ – BBC News

‘A traumatised domestic abuse victim has said her experience of the justice system was so bad it was “like the abuse has continued”.’

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BBC News, 10th October 2021

Source: www.bbc.co.uk

Claimant loses in Court of Appeal despite defendant offering no evidence – Law Society’s Gazette

‘The Court of Appeal has found – albeit by a majority verdict – in favour of a defendant who offered no evidence to support their case and did not cross-examine the claimant’s instructed expert. The ruling on uncontroverted evidence in Griffiths v Tui will be a blow for personal injury firms with hundreds of holiday sickness claims waiting on the result.’

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Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk

More rape trials to allow pre-recorded evidence – Law Society’s Gazette

‘Victims of alleged sexual violence in London and the north east will be spared live cross-examination from today, as part of a pilot scheme to make trials less traumatic for complainants.’

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Law Society's Gazette, 30th September 2021

Source: www.lawgazette.co.uk

Expert witnesses “prefer preparing in-person for virtual hearings” – Legal Futures

Posted August 18th, 2021 in coronavirus, cross-examination, expert witnesses, news, remote hearings by sally

‘Expert witnesses prefer to travel to prepare themselves for a trial in person with their legal teams even when the trial itself is to be conducted remotely, a report has found.’

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Legal Futures, 18th August 2021

Source: www.legalfutures.co.uk

Cyber-attacks, Theft of Confidential Information and Norwich Pharmacal Orders – The 36 Group

Posted June 24th, 2021 in affidavits, chambers articles, confidentiality, cross-examination, news by sally

‘In Stokoe Partnership Solicitors v Grayson & Ors [2021] EWCA Civ 626, the Court of Appeal considered the test for ordering the cross-examination of an individual, prior to trial, on the content of his sworn affidavit which had been provided pursuant to a Norwich Pharmacal order.’

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The 36 Group, 15th June 2021

Source: 36group.co.uk

Judge criticises solicitors for sending him letter during trial – Litigation Futures

‘A High Court judge has criticised solicitors who sent him a letter during a trial trying to explain points that had arisen during cross-examination.’

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Litigation Futures, 6th May 2021

Source: www.litigationfutures.com

Crime victims to be told when perpetrators leave prison – BBC News

Posted April 1st, 2021 in crime, cross-examination, news, notification, parole, victims by tracey

‘Crime victims are to be told when an offender leaves prison as part of a new code that has come into force in England and Wales.’

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BBC News, 1st April 2021

Source: www.bbc.co.uk

Court can order solicitor to attend wasted costs cross-examination – Litigation Futures

Posted March 12th, 2021 in civil procedure rules, costs, courts, cross-examination, news, solicitors by sally

‘The court has the power to require a solicitor to attend court for cross-examination in respect of a wasted costs application, a High Court judge has ruled.’

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Litigation Futures, 11th March 2021

Source: www.litigationfutures.com

Call for vulnerable victims to give video evidence amid courts backlog – The Guardian

‘Up to 10,000 vulnerable victims facing long delays for trials should be allowed to give evidence by video in an attempt to stop them falling out of the system, according to the victims’ commissioner for England and Wales.’

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The Guardian, 5th March 2021

Source: www.theguardian.com

High Court upholds order to stop barrister from acting – Legal Futures

‘The High Court has upheld a highly unusual order prohibiting counsel from continuing to act for the father in a bitter child custody dispute because of acrimony between her and the mother.’

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Legal Futures, 14th October 2020

Source: www.legalfutures.co.uk

Lord Sumption: justice faces digital trade-off – Law Society’s Gazette

‘The court system faces a trade-off between the quality of justice and the cost of delivering it, former Supreme Court justice Lord Sumption has said in a biting assessment of virtual hearings. Speaking at the Commercial Litigators’ Forum, Lord Sumption (Jonathan Sumption QC) said if quality of justice was the only concern “we would go back to ordinary oral hearings.” ‘

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Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

Prosecution strategies in AR cases (2) – Counsel

‘A two-part series from Laura Hoyano and John Riley modelling investigation and prosecution strategies in cases of abusive relationship offending: part two of this worked case example looks at the issues arising at trial.’

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Counsel, September 2020

Source: www.counselmagazine.co.uk

Courts cannot critique “uncontroverted” expert reports – Litigation Futures

‘It is not the role of the courts to subject “uncontroverted” expert reports to “the same kind of analysis and critique as if it was evaluating a controverted or contested report”, the High Court has ruled.’

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Litigation Futures, 25th August 2020

Source: www.litigationfutures.com

A right to cross-examine? The current position – No. 5 Chambers

Posted July 30th, 2020 in appeals, cross-examination, news, planning by sally

‘There is, generally, a right to cross-examine. It was established in the 1992 rules, and is present in the same form in r 16(5) of the 2000 Rules:

“A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and any statutory party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (9), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.” ’

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No. 5 Chambers, 21st July 2020

Source: www.no5.com

Depp libel trial reveals problems of proof in domestic violence cases – The Guardian

‘Despite being a libel case, Depp v News Group Newspapers Ltd & Another felt more like a criminal trial at the Old Bailey, or a domestic violence hearing in the family courts.’

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The Guardian, 28th July 2020

Source: www.theguardian.com

Why we can’t tell if a witness is telling the truth – OUP Blog

Posted July 8th, 2020 in cross-examination, deceit, news, trials, witnesses by sally

‘Imagine that you are a juror in a trial in which the chief witness for the prosecution gives evidence about the alleged crime which is completely at odds with the evidence given by the accused. One of them is either very badly mistaken or lying. On what basis will you decide which one of them is telling the truth? And how sure can you be in your conclusion?’

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OUP Blog, 7th July 2020

Source: blog.oup.com

Grenfell Tower inquiry resumes but distancing rules anger families – The Guardian

‘Builders behind the disastrous Grenfell Tower refurbishment are finally set to face public questioning over the June 2017 fire that killed 72 people, as the delayed public inquiry resumes on Monday with strict social distancing rules that have angered the bereaved.’

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The Guardian, 6th July 2020

Source: www.theguardian.com