A key new case on jurisdiction where an accident happens abroad during a holiday booked from the UK: Brownlie v Four Seasons Holdings Incorporated [2015] EWCA Civ 665 – Henderson Chambers

‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’

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Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

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Judge was wrong to accuse solicitors of exaggerating bill, Court of Appeal rules – Litigation Futures

‘The High Court was wrong to strike out a claim over unpaid fees brought by a firm of solicitors on the basis of alleged exaggeration and inaccurate sums, without hearing any witnesses, the Court of Appeal has ruled.’

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Litigation Futures, 9th July 2015

Source: www.litigationfutures.com

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Courts set for vulnerable witness reform – Law Society’s Gazette

Posted June 23rd, 2015 in children, consultations, courts, criminal justice, news, witnesses by tracey

‘The “fundamental architecture” for modernising the way in which the family courts deal with vulnerable people could be introduced before the end of the year.’

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Law Society’s Gazette, 22nd June 2015

Source: www.lawgazette.co.uk

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Coroner in SAS inquest blocks release of witness statements – The Guardian

‘A coroner hearing the inquest of three men who suffered fatal heat illness during an SAS training march in south Wales has refused to allow the release of witness statements, concluding that their publication could threaten any future criminal prosecutions. The Guardian and other media organisations argued that in the interest of open justice, statements taken by detectives investigating the tragedy on the Brecon Beacons and provided to the inquest should be released to allow the proceedings to be reported fully.’

Full story

The Guardian, 19th June 2015

Source: www.guardian.co.uk

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SAS deaths: criminal charges may follow inquest – The Guardian

Posted June 18th, 2015 in armed forces, crime, health & safety, inquests, news, police, prosecutions, witnesses by sally

‘Police and health and safety lawyers argue against media attempt to see witness statements in case they prejudice future prosecutions.’

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The Guardian, 17th June 2015

Source: www.guardian.co.uk

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Connolly v Croydon Health Services NHS Trust [2015] EWHC 1339 (QB) and Buswell v Symes [2015] EWHC 1379 (QB) – Zenith PI Blog

‘Multiple witness statements and credibility of witnesses.’

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Zenith PI Blog, 4th June 2015

Source: www.zenithpi.wordpress.com

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Journalists should not always be prosecuted for paying public officials, says former CPS head – The Indpendent

‘The former head of the Crown Prosecution Service has said it can be “appropriate” for journalists to pay officials for information and that Operation Elveden had overlooked the public interest.’

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The Independent, 18th April 2015

Source: www.independent.co.uk

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IPCC takes over investigation into Cyril Smith claim – BBC News

‘The police watchdog has taken charge of an inquiry into the handling of an alleged incident involving Cyril Smith.’

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BBC News, 27th March 2015

Source: www.bbc.co.uk

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‘Arrange family court open days’ – judiciary – Law Society’s Gazette

Posted March 24th, 2015 in children, courts, family courts, legal education, news, reports, witnesses by sally

‘Family courts should have annual open days for children, a report from the judiciary recommends.’

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Law Society’s Gazette, 23rd March 2015

Source: www.lawgazette.co.uk

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Final Report of the Vulnerable Witnesses and Children Working Group – Judiciary of England & Wales

‘Final Report of the Vulnerable Witnesses and Children Working Group.’

Full texts

Judiciary of England and Wales, 17th March 2015

Source: www.judiciary.gov.uk

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Advising witnesses on the defence case: what are the issues? – Halsbury’s Law Exchange

Posted March 19th, 2015 in consultations, cross-examination, evidence, news, witnesses by sally

‘The CPS have recently been running a consultation entitled “Speaking to Witnesses at Court”. The consultation period ended on Monday 16th March, and we await their response.’

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Halsbury’s Law Exchange, 18th March 2015

Source: www.halsburyslawexchange.co.uk

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Witness-informing threatens fairness, Society warns – Law Society’s Gazette

Posted March 18th, 2015 in Law Society, news, witnesses by sally

‘Informing witnesses of the general nature of a defence case could jeopardise the fairness of the trial, the Law Society has said in response to a consultation on draft prosecution guidance.’

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Law Society’s Gazette, 17th March 2015

Source: www.lawgazette.co.uk

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Al-Sweady file exposes the smearing of British soldiers – Daily Telegraph

‘Evidence drawn up on David Cameron’s orders alleges that Public Interest Lawyers continued to pursue torture and murder claims for a year after realising that they may be “untrue”.’

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Daily Telegraph, 1st March 2015

Source: www.telegraph.co.uk

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‘Victims’ law’ proposals from Labour panel – BBC News

‘There needs to be a “cultural shift” in the way victims of crime in England and Wales are treated, a panel of criminal justice experts has said.’

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BBC News, 24th February 2015

Source: www.bbc.co.uk

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Courtroom communications experts to double – Ministry of Justice

Posted February 23rd, 2015 in budgets, courts, evidence, news, victims, witnesses by sally

‘Victims and witnesses will be given more support than ever before with double the number of courtroom experts soon to be available.’

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Ministry of Justice, 23rd February 2015

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

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Court intermediary numbers to double – BBC News

Posted February 23rd, 2015 in budgets, courts, evidence, news, victims, witnesses by sally

‘The government has pledged to double the number of experts who help vulnerable witnesses and victims in courts in England and Wales.’

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BBC News, 22nd February 2015

Source: www.bbc.co.uk

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Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others – WLR Daily

Posted February 18th, 2015 in law reports, service out of jurisdiction, taxation, tribunals, witnesses by sally

Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others [2015] WLR (D) 69

‘The First-tier Tribunal Tax Chamber had no jurisdiction to issue witness summonses addressed to prospective witnesses who had no presence in the jurisdiction.’

WLR Daily, 12th February 2015

Source: www.iclr.co.uk

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The view from the bench (III) – New Law Journal

Posted February 16th, 2015 in case management, judiciary, law firms, news, solicitors, witnesses by sally

‘Elizabeth Metliss considers the judicial view of law firms.’

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New Law Journal, 13th February 2015

Source: www.newlawjournal.co.uk

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Court guidelines for rape victims ‘are not working’, as study finds aggressive cross-examination and intimidating encounters are still common – The Independent

‘Victims of rape and sexual violence are not being properly protected during trials and should be dealt with in special courts, according to a new study to be published tomorrow. Guidelines meant to highlight the vulnerability of victims and special measures, such as allowing evidence to be given behind screens, “are not having their intended effect”, researchers at Bath University’s Institute for Policy Research warn.’

Full story

The Independent, 8th February 2015

Source: www.independent.co.uk

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Late claimant’s bid to delay trial refused – Law Society’s Gazette

Posted February 4th, 2015 in care homes, costs, delay, news, privilege, time limits, witnesses by sally

‘The High Court has rejected a non-compliant claimant’s plea to set aside a trial date but stopped short of effectively ending the claim altogether.’

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Law Society’s Gazette, 30th January 2015

Source: www.lawgazette.co.uk

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