Sharif Demirsay murder: Three teens given life sentences – BBC News

Posted April 14th, 2014 in burglary, intimidation, murder, news, sentencing, witnesses, young offenders by sally

‘Three teenagers have been given life sentences for murdering a grandfather in a gold and cash raid.’

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BBC News, 11th April 2014

Source: www.bbc.co.uk

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Frances Andrade suicide ‘could and should’ have been prevented – BBC News

Posted April 11th, 2014 in child abuse, news, police, reports, sexual offences, suicide, victims, witnesses by sally

‘The suicide of a violinist days after she testified in court against an ex-choirmaster “could and should” have been prevented, a report has said.’

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BBC News, 10th 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.’

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Halsbury’s Law Exchange, 10th April 2014

Source: www.halsburyslawexchange.co.uk

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Beyond the veil: What happened after Rebekah Dawson refused to take her niqab off in court – The Independent

Posted April 8th, 2014 in freedom of expression, intimidation, Islam, news, terrorism, trials, witnesses by sally

‘If your memory is sufficiently jogged, you may recall the recent case of a female defendant who refused to remove her full-face veil in court. It prompted a predictable outbreak of public indignation and liberal soul-searching. The question boiled down to this: could, or should, an English court accommodate a woman who hid her face, citing religious precepts, in a country where the face and facial expression are regarded as key to identity?’

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The Independent, 7th April 2014

Source: www.independent.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 .’

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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.’

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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.’

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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?’

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The Guardian, 2nd April 2014

Source: www.guardian.co.uk

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Second bites at the cherry, defective witness statements and sanction: a practical view from the Bar – Littleton Chambers

‘In his monthly column, James Bickford Smith discusses the Court of Appeal’s recent guidance on communications with judges after draft judgments are circulated, some interesting judicial
observations on defective witness statements, and the Commercial Court’s important relief from
sanctions decision in Re C (A Child) [2014] EWCA Civ 70.’

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Littleton Chambers, 7th March 2014

Source: www.littletonchambers.com

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Outcry after judge imprisons child sex victim for 20 hours – Daily Telegraph

Posted March 5th, 2014 in children, detention, news, sexual grooming, sexual offences, witnesses by sally

‘A teenage victim of sexual abuse was locked up in police cells overnight after she refused to give evidence in court against her attacker’

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Daily Telegraph, 5th March 2014

Source: www.telegraph.co.uk

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PC Keith Blakelock trial: witnesses given immunity from prosecution – The Guardian

Posted March 4th, 2014 in immunity, murder, news, police, violent disorder, witnesses by sally

‘Witnesses against a man charged with being part of a mob that hacked a police officer to death almost 30 years ago themselves took part in the attack and have been given immunity from prosecution, a jury has heard.’

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The Guardian, 3rd March 2014

Source: www.guardian.co.uk

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Revealed: How the CPS betrays victims of crime – numbers of witness protection staff falls by 57% in just three years – The Independent

Posted February 25th, 2014 in Crown Prosecution Service, news, reports, victims, witnesses by sally

‘The Crown Prosecution Service has cut the number of staff it employs to look after witnesses – some of whom are victims of crime – by more than half in just three years, an investigation has revealed.’

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The Independent, 24th February 2014

Source: www.independent.co.uk

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Extensions of time for witness statements post Mitchell and Lloyd ~ Don’t be caught out – 11 Stone Buildings

Posted February 14th, 2014 in civil procedure rules, consent orders, news, time limits, witnesses by sally

‘The recent decision in MA A Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 (QB) provides that parties who agree to extend time for service of witness statements must also apply to the Court for an order by consent. A mere written agreement is not sufficient. In the post-Mitchell, post-Lloyd world, parties are increasingly unlikely to agree extensions of time. Tom Shepherd considers the decision in Lloyd and highlights some practical pointers which parties who need to make or respond to an application to extend time for witness statements can consider. He also explains why this decision leaves us with a few unresolved questions.’

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11 Stone Buildings, February 2014

Source: www.11sb.com

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Can a solicitor be personally liable to pay costs? – Halsbury’s Law Exchange

Posted February 3rd, 2014 in Administrative Court, appeals, costs, fraud, news, solicitors, witnesses by tracey

‘The possibility that a firm of litigation solicitors, despite acting properly for a client in advancing their interests, could nonetheless end up being held liable to pay a huge costs order, is unsurprisingly something that would sound alarm bells across the profession. This is a possibility that was raised in DLA Piper UK LLP v BDO LLP (the major firm of City solicitors versus a major firm of accountants).’

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Halsbury’s Law Exchange, 31st January 2014

Source: www.halsburyslawexchange.co.uk

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Company barred from giving evidence in court due to “substantial delay” in providing witness statements – OUT-LAW.com

‘Civil court litigants must comply with court orders or “face the consequences”, an expert has said, after the High Court barred a company from giving evidence about a particular issue at trial after it failed to exchange witness statements within a reasonable time.’

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OUT-LAW.com, 28th January 2014

Source: www.out-law.com

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Childhood memories can be deceptive – Daily Telegraph

Posted January 28th, 2014 in children, news, witnesses by sally

‘The brain may fill in gaps when it cannot remember details from childhood, according to study which could have important implications for court cases.’

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Daily Telegraph, 28th January 2014

Source: www.telegraph.co.uk

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Sixty victims of loan sharks in witness protection – The Guardian

Posted January 27th, 2014 in enforcement, interest, intimidation, loans, news, threatening behaviour, victims, witnesses by sally

‘Sixty victims of loan sharks are in witness protection, according to the country’s leading official tasked with breaking the cycle of fear, intimidation and violence trapping families who have borrowed money from illegal lenders.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

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Court’s permission needed to extend time for service of witness statements – Hardwicke Chambers

Posted January 22nd, 2014 in agreements, civil procedure rules, courts, news, service, time limits, witnesses by sally

‘In almost every litigated case the parties usually find themselves needing to vary the dates of some directions. This can be done by way of written agreement between the parties and is allowed by CPR 2.11.’

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Hardwicke Chambers, 22nd January 2014

Source: www.hardwicke.co.uk

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DLA Piper UK LLP v BDO LLP – WLR Daily

Posted January 14th, 2014 in costs, criminal procedure, law reports, third parties, witnesses by tracey

DLA Piper UK LLP v BDO LLP [2013] EWHC 3970 (Admin); [2013] WLR (D) 515

‘Where a person had attended court and successfully resisted being made subject to a witness summons under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 the only basis for the Crown Court ordering costs against the solicitor of the party seeking the summons would be that for which statute provided, namely, a wasted costs order under section 19A of the Prosecution of Offences Act 1985.’

WLR Daily, 13th January 2014

Source: www.iclr.co.uk

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MacLennan v Morgan Sindall (Infrastructure) plc – WLR Daily

Posted January 9th, 2014 in civil procedure rules, evidence, news, witnesses by sally

MacLennan v Morgan Sindall (Infrastructure) plc [2013] EWHC 4044 (QB); [2013] WLR (D) 509

‘The power to prohibit the calling of witnesses under CPR r 32.2(3) sat towards the more extreme end of the court’s powers and was a power to be considered after less intrusive measures had been considered and rejected.’

WLR Daily, 17th December 2013

Source: www.iclr.co.uk

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