Pre-recorded evidence improves rape victims’ experience of court – Ministry of Justice

‘Rape victims who pre-record their evidence are more likely to have a better experience of the court process, findings published today (3 April 2023) reveal.’

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Ministry of Justice, 3rd April 2023

Source: www.gov.uk

Woman allegedly raped as a teenager calls for change after ‘horrendous’ trial – The Guardian

Posted March 13th, 2023 in cross-examination, news, rape, retrials, sexual offences, trials, victims, young persons by tracey

‘A woman who alleges that she was raped as a teenager by an older man has called for changes to the judicial process after finding the experience of going to trial traumatic.’

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The Guardian, 12th March 2023

Source: www.theguardian.com

Charities urge Justice Secretary Dominic Raab to guarantee better protection for women in Family Courts – Family Law

Posted February 21st, 2023 in cross-examination, domestic violence, family courts, harassment, news, victims by tracey

‘The Family Courts are failing survivors of domestic abuse, according to 28 leading women’s charities, solicitors and survivors. A letter signed by the group has been delivered to Secretary of State for Justice Dominic Raab today, calling for urgent action to stop the practice of perpetrators of domestic abuse from cross examining their victims in court.’

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Family Law, 20th February 2023

Source: www.familylaw.co.uk

Domestic abuse victims ‘still being cross-examined by alleged perpetrator’ – Law Society’s Gazette

‘Victims of domestic abuse are still being cross-examined by alleged perpetrators in the family courts despite the “appalling practice” being banned by the Domestic Abuse Act, women’s charities and solicitors have told the lord chancellor.

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Law Society's Gazette, 12th February 2023

Source: www.lawgazette.co.uk

Mother v Father [2022] EWHC 3107 (Fam): I was not allowed to give evidence or cross-examine in family court: can I appeal? – Becket Chambers

Posted January 10th, 2023 in appeals, chambers articles, cross-examination, family courts, news by sally

‘This article provides an overview of the court’s powers in limiting evidence heard during family court proceedings. I will be examining some key lessons on this topic as heard in the recent case of Mother v Father [2022] EWHC 3107 (Fam).’

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Becket Chambers, 20th December 2022

Source: becket-chambers.co.uk

Where are we with Section 65 of the Domestic Abuse Act 2021? – Garden Court Chambers

Posted January 10th, 2023 in chambers articles, cross-examination, domestic violence, news by sally

‘The Domestic Abuse Act 2021 came into force in April 2021. Section 65 of the Act (which amends the Matrimonial and Family Proceedings Act 1984 (MFPA) creates prohibitions which “prohibit cross-examination in person”.’

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Garden Court Chambers, 23rd December 2022

Source: www.gardencourtchambers.co.uk

Healthcare Enabled Fraud – 3PB

‘Keoghs recently wrote about their triple success in defeating claims for psychological injury arising out of road traffic accidents. The common denominator of the three claims was that each of the Claimants sought to rely upon the medical evidence of a specific Consultant Psychologist. Sharan Sanghera acted for the Defendant in one of those Claims, her comment on the case appears below.’

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3PB, 13th December 2022

Source: www.3pb.co.uk

“Would you believe it? The relevance of demeanour in assessing the truthfulness of witness testimony” – Supreme Court

Posted October 28th, 2022 in cross-examination, judges, speeches, witnesses by tracey

‘At a Glance conference: 12 October 2022 Keynote address “Would you believe it? The relevance of demeanour in assessing the truthfulness of witness testimony”
Lord Leggatt’

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Supreme Court, 12th October 2022

Source: www.supremecourt.uk

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