Barristers accuse ministers of rushing release of pre-recorded video evidence – The Guardian

‘Barristers have accused ministers of ignoring a crisis in the criminal justice system by continuing to roll out pre-recorded video evidence for rape survivors in England and Wales amid a strike by advocates. The policy, allowing complainants of offences including modern slavery to be cross-examined before trial in front of a limited number of people, was extended to five more crown courts on Friday, taking the total to 63. Three-quarters of courts are covered and all will be by the end of the month.’

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The Guardian, 9th September 2022

Source: www.theguardian.com

Domestic abusers barred from cross-examining victims in family and civil courts – Ministry of Justice

‘Victims of domestic abuse can be spared from being cross-examined by their alleged attackers in family and civil courts under measures coming into force today (21 July 2022).’

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Ministry of Justice, 21st July 2022

Source: www.gov.uk

New pilots to boost support for rape victims in court – Ministry of Justice

‘Rape victims will receive enhanced support at 3 Crown Courts under a new pilot scheme launched by the government today (16 June 2022) as part of efforts to drive up prosecutions and convictions.’

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Ministry of Justice, 16th June 2022

Source: www.gov.uk

Abusers face up to five years in jail with new non-fatal strangulation offence – The Independent

‘A new offence of non-fatal strangulation has come into force, meaning abusers will now face up to five years behind bars.’

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The Independent, 6th June 2022

Source: www.independent.co.uk

New protections for rape victims available at more Crown Courts – Ministry of Justice

‘More victims of rape and sexual offences will be spared the stress of being cross-examined in court under a measure rolled out to a further 14 locations today (12 May 2022).’

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Ministry of Justice, 12th May 2022

Source: www.gov.uk

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.’

Full code

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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