‘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.’

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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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Speaking to witnesses at court: consultation – Attorney General’s Office

‘We are committed to giving an excellent service to all victims and witnesses who attend court as part of our overall commitment to support victims and witnesses effectively throughout their time in the criminal justice system. The aim of this consultation is to ask for responses to the draft guidance which sets out the role played by prosecutors at or before court in ensuring that witnesses give their best evidence. This is a core part of the prosecutor’s job and will, if done properly, impact positively on both the quality of the witness’s evidence in court and the perception of the service they receive from us.’

Full consultation

Attorney General’s Office, 19th January 2015

Source: www.gov.uk/ago

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Outcry as CPS drops trial of anti-drone protesters at last minute – The Independent

‘The prosecution of arms-trade protesters who occupied a British drone engines manufacturer has been dropped at the last minute, after the company refused to hand over evidence about its exports of weaponry to Israel, The Independent can reveal.’

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The Independent, 30th January 2015

Source: www.independent.co.uk

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Witness statements by advocates – Free Movement

Posted January 29th, 2015 in advocacy, barristers, immigration, news, tribunals, witnesses by sally

‘Where something goes badly wrong at a hearing it is sometimes necessary for the advocate who was present to explain events as part of the appeal process. It has become customary in immigration proceedings for the advocate to have to write a witness statement and therefore, because he or she is by doing so giving evidence, to stand down from the case and hand over to a colleague. Upper Tribunal judges have seemed insistent that an advocate can barely breath a word of what might have happened at the previous hearing without spontaneously combusting.’

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Free Movement, 28th January 2015

Source: www.freemovement.org.uk

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Sir Brian Leveson’s Review of Efficiency in Criminal Proceedings published: Media Release – Judiciary of England and Wales

‘Sir Brian Leveson, The President of the Queen’s Bench Division publishes his review into efficiency in criminal proceedings today (Friday) with a wide ranging set of recommendations. He was asked by the Lord Chief Justice, Lord Thomas to find ways to make criminal justice more efficient and streamlined.’

Full press release

Judiciary of England and Wales, 23rd January 2015

Source: www.judiciary.gov.uk

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Prince Andrew: the legal issues – Halsbury’s Law Exchange

Posted January 27th, 2015 in immunity, news, royal family, treaties, witnesses by sally

‘If the UK press love a sex scandal and a good royal story, imagine what you get when you put the two together. This month the news broke that victims of Jeffrey Epstein, an American paedophile, were attempting to sue Prince Andrew alleging, amongst other things, that she was coerced into having sex with him when she was 17.’

Full story

Halsbury’s Law Exchange, 26th January 2015

Source: www.halsburyslawexchange.co.uk

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Court of Appeal: BSB official “blind to any sense of fairness” in disciplinary prosecution – Legal Futures

‘The Court of Appeal has criticised in the strongest language the behaviour of an official at the Bar Standards Board (BSB) responsible for “subverting the rules” on disclosure.’

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Legal Futures, 21st January 2015

Source: www.legalfutures.co.uk

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DPP to consult on greater assistance to victims giving evidence at court – Crown Prosecution Service

‘Alison Saunders, the Director of Public Prosecutions, has today [19 January 2015] published a major consultation on the approach to ensuring victims are properly assisted for the trial process at court and called for an overhaul of the service provided to witnesses to ensure that they are able to give the best possible evidence. The proposals are subject to an eight week public consultation.’

Full consultation

Crown Prosecution Service, 19th January 2015

Source: www.cps.gov.uk

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Rape victims will be warned of defence lawyer tactics under new guidelines – Daily Telegraph

‘Director of Public Prosecutions launches controversial new guidelines intended to help victims and witnesses through giving evidence in court.’

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Daily Telegraph, 19th January 2015

Source: www.telegraph.co.uk

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Judicial toolkit for dealing with miscreant immigration lawyers – Free Movement

Posted January 7th, 2015 in appeals, barristers, immigration, judicial review, news, solicitors, witnesses by tracey

‘The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) has been re-titled and I think the headnote has been supplemented as well. The case is important on the ongoing saga of how far out of country appeals are an adequate remedy (relevant but far from determinative in the context of the very different statutory context of section 94B “deport first appeal later” certificates) and the current President’s impatience with the conduct of judicial review proceedings (see also Muwonge). The judgment goes a lot further than that though, and the headnote is very far from a complete guide to the case.’

Full story

Free Movement, 7th January 2015

Source: www.freemovement.org.uk

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Supreme Court stresses importance of compliance with court orders – Litigation Futures

Posted November 27th, 2014 in appeals, courts, default judgments, news, royal family, Supreme Court, witnesses by sally

‘The Supreme Court yesterday emphasised the importance of compliance with court orders as it dismissed an appeal by a Saudi prince who failed to personally sign a witness statement in breach of an unless order.’

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Litigation Futures, 27th November 2014

Source: www.litigationfutures.com

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Giving evidence in court – UK Visas and Immigration

Posted November 21st, 2014 in codes of practice, immigration, news, visas, witnesses by tracey

‘Modernised guidance for how UK Visas and Immigration prepares and gives evidence in court, and what it expects when it gives evidence.’

Full text

UK Visas and Immigration, 20th November 2014

Source: www.gov.uk/government/organisations/uk-visas-and-immigration

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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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Top QC calls for enquiry into expert witness misconduct – Litigation Futures

‘A leading barrister has called for a study to examine whether anecdotal evidence of abuse and misconduct by expert witnesses is on the “industrial scale” alleged by some, as funding arrangements increase the risk of malpractice.’

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Litigation Futures, 10th November 2014

Source: www.litigationfutures.com

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