Case Comment: TUI Limited v Griffiths [2023] UKSC 48 – UKSC Blog

‘In this case, Catherine McAndrew, a Senior Associate in the Insurance and Reinsurance team at CMS, comments on the Supreme Court’s decision in TUI Limited v Griffiths [2023] UKSC 48, which was handed down on 29 November 2023.’

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UKSC Blog, 26th January 2024

Source: ukscblog.com

Griffiths v. TUI UK Limited: Evidence, Challenge and Fairness – UK Human Rights Blog

‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’

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UK Human Rights Blog, 3rd January 2024

Source: ukhumanrightsblog.com

Griffiths v TUI [2023] UKSC 48: The Supreme Court unanimously agrees with MC Hammer – “U can’t touch this” – St John’s Chambers

‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’

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St John's Chambers, 29th November 2023

Source: www.stjohnschambers.co.uk

Qualified legal representatives will now get expenses but Law Soc says fees ‘still too low’ – Law Society’s Gazette

‘The Law Society has welcomed the announcement that expenses will be added to the qualified legal representative (QLR) scheme in domestic abuse cases, but says fees are still too low.’

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Law Society's Gazette, 11th December 2023

Source: www.lawgazette.co.uk

Barrister fee increase to help vulnerable victims bring attackers to justice – Ministry of Justice

Posted October 30th, 2023 in barristers, cross-examination, Ministry of Justice, news, victims, video recordings by tracey

‘Fees for barristers who help vulnerable witnesses and victims to pre-record a cross examination will rise to £1,000, the government announced today (25 October 2023).’

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Ministry of Justice, 25th October 2023

Source: www.gov.uk

Contemnor required to attend an in person hearing for cross examination (Deutsche Bank AG v Sebastian Holdings Inc and another) – Gatehouse Chambers

‘Dispute Resolution analysis: An admitted contemnor subject to a suspended warrant for committal has been ordered to attend in person for cross examination in relation to the assets of a company he controlled. His request to attend the hearing remotely by video link from Connecticut was refused.’

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Gatehouse Chambers, 15th September 2023

Source: gatehouselaw.co.uk

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