‘Johnny Depp has failed to stop his ex-wife Amber Heard from watching him give evidence in a libel case over allegations of domestic abuse.’
The Guardian, 4th July 2020
Source: www.theguardian.com
‘Parties should assume hearings will be held remotely at the moment and explain why it would not be just to do so if they want one in person, a High Court judge has ruled.’
Litigation Futures, 25th June 2020
Source: www.litigationfutures.com
‘Joshua Rozenberg from BBC Radio 4 spoke with Maidstone Bench Chair Gill Fryzer and John Bache from the Magistrates Association for his Law in Action programme.’
Courts and Tribunals Judiciary, 7th November 2019
Source: www.judiciary.ukwww.judiciary.ukwww.judiciary.uk
‘Survivors of childhood sexual abuse are forced to come face-to-face with their tormentors in court buildings while waiting for cases to be heard, a report has revealed.
Such shocks are among a host of failings by authorities and advisers that are regularly leaving people “at risk of being traumatised all over again” and feeling “discarded” by the justice system.’
The Independent, 23rd October 2019
Source: www.independent.co.uk
‘The first domestic abuse commissioner for England and Wales is “relieved” the prime minister has pledged to re-introduce a new law on the issue.’
BBC News, 18th September 2019
Source: www.bbc.co.uk
‘On 27 June 2019 in the English High Court in Kazakhstan Kagazy Plc & 5 Others v Baglan Abdullayevich Zhunus & Others [2019] EWHC 1693 (Comm) 2019 WL 02746548; the High Court re-examined the principles on which a Defendant can be cross-examined on their assets where there had been a disclosure order pursuant to a worldwide freezing order (‘WFO’).’
No. 5 Chambers, 1st August 2019
Source: www.no5.com
‘The government’s landmark Domestic Abuse Bill will be introduced in Parliament today, signalling a major step forward in transforming the response to this crime.’
Home Office, 16th July 2019
Source: www.gov.uk/home-office
‘A judge who repeatedly fell asleep during a case has prompted an appeal court to overturn his verdict.’
Daily Telegraph, 4th June 2019
Source: www.telegraph.co.uk
‘A 13-year-old witness struggled to recall information in detail when cross-examined in court after waiting two years for the trial to begin, according to research commissioned by the NSPCC, which says child witnesses are being let down by the criminal justice system.’
Law Society's Gazette, 27th February 2019
Source: www.lawgazette.co.uk
‘Hannah Gomersall, barrister at Coram Chambers, explores the proposed reforms set out in the government’s Domestic Abuse Bill: its scope, workability and whether the Family Court will be able to cope with the ensuing workload.’
Family Law Week, 7th February 2019
Source: www.familylawweek.co.uk
‘A women’s rights campaigner has said she feels “victimised all over again” after the House of Lords voted to block the suspension of a Liberal Democrat peer who was found to have promised to make her a baroness if she agreed to sleep with him.’
The Guardian, 15th November 2018
Source: www.theguardian.com
‘Should a court allow a potential perpetrator of domestic abuse, when they are acting in person, to cross-examine their alleged victim? Does this run the risk of the proceedings themselves being abusive? Or will it unfairly curtail the ability of the accused to put their case? If the court does not allow direct cross-examination, how should it proceed?’
Family Law, 30th October 2018
Source: www.familylaw.co.uk
‘The case of M v F and others [2018] EWHC 1720 (Fam) is a reminder that the main issues in the case should be identified and addressed as early as possible in proceedings. Brendan Roche, barrister, of Seven Bedford Row, highlights the procedural issues that arose because the father was a litigant in person, including whether he could cross-examine the mother.’
Family Law, 14th August 2018
Source: www.familylaw.co.uk
‘Mr Justice Hayden is a High Court Judge who has been very outspoken about the potential for the court process to be abusive of those who are already victims of domestic abuse. In a case called Re A (a minor) (fact finding; unrepresented party) [2017] EWHC 1195 (Fam), having permitted the unrepresented father to directly question the mother (albeit with special measures in place so they didn’t have to confront each other by line of sight) he memorably said ‘Never again’. Hayden J said it was ‘a stain on the reputation of our Family Justice system that a Judge can still not prevent a victim being cross examined by an alleged perpetrator’. Today he has published an appeal judgment overturning a fact-finding decision in a case where another judge tried to cross examine the mother on behalf of the father accused of rape because (Hayden J said) the process was unfair and the decision unsound. The full judgment can be read here : PS v BP [2018] EWHC 1987 (Fam) (27 July 2018), but this blog post explains it.’
Transparency Project, 30th July 2018
Source: www.transparencyproject.org.uk
‘Speech by Sir James Munby, President of the Family Division: Because it is the right thing to do.’
Courts and Tribunals Judiciary, 24th July 2018
Source: www.judiciary.uk
‘Many psychologist expert witnesses, from professional bodies (British Psychological Society) to more informal expert witness networks, have raised concerns about the impact of this practice. The concerns fall into three main areas: the potential harm of conducting such a cross-examination to the litigants in person (LiPs) in question; potential breaches of ethical conduct for the psychologist expert; and the potential impact on the quality of the evidence. This paper hopes to set out these issues and invites discussion as to potential guidance and remedy.’
Family Law, 28th June 2018
Source: www.familylaw.co.uk
‘Victims of domestic violence continue to be cross-examined by their abusers in family courts more than a year after the government promised to stop such ordeals, a report has found.’
The Guardian, 30th May 2018
Source: www.theguardian.com
‘Speech by Sir James Munby: Changing families – family law yesterday, today and tomorrow – a view from south of the Border.’
Courts and Tribunals Judiciary, 21st March 2018
Source: www.judiciary.gov.uk
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