Expert witnesses jailed in London after perjury on ‘industrial scale’ – The Guardian

‘Seven expert witnesses who fabricated evidence about the cost of replacement hire cars for motorists in road crashes have been jailed.’

Full Story

The Guardian, 16th June 2017

Source: www.theguardian.com

Cross examination of abused wife a ‘stain’ on justice system – judge – Law Society’s Gazette

‘A High Court judge has said he will refuse to allow alleged domestic abusers to cross examine their victims in any future hearings he oversees.’

Full Story

Law Society's Gazette, 31st May 2017

Source: www.lawgazette.co.uk

‘Trojan Horse’: Cases against teachers dropped – BBC News

Posted May 31st, 2017 in disclosure, inquiries, Islam, news, professional conduct, teachers, witnesses by sally

‘The case against five senior teachers accused of professional misconduct in the so-called “Trojan Horse” inquiry has been dropped.’

Full Story

BBC News, 30th May 2017

Source: www.bbc.co.uk

Drawing the line: Experts, directions and the “ultimate issue” – Henderson Chambers

Posted May 16th, 2017 in appeals, expert witnesses, news, trials, witnesses by sally

‘How should a judge direct a jury where an expert witness has given their opinion on the “ultimate issue” to be decided in the case? The answer, the Court of Appeal has confirmed, is: carefully. In R v Sellu [2016] EWCA Crim 1716, the Court of Appeal overturned the conviction of the Appellant, a consultant surgeon, for gross negligence manslaughter on the grounds that the trial judge had failed to adequately direct the jury as to the meaning of gross negligence, in circumstances where expert witnesses had expressly given their view as to whether the conduct of the Appellant amounted to the same.’

Full story (PDF)

Henderson Chambers, 19th April 2017

Source: www.hendersonchambers.co.uk

Court of Appeal warns judges against interrupting witness evidence too much – Litigation Futures

‘The Chancellor of the High Court has urged judges to “temper eagerness with restraint” in the way they conduct trials, after a circuit judge was found to have made excessive interventions while witnesses were giving evidence.’

Full story

Litigation Futures, 10th April 2017

Source: www.litigationfutures.com

Video Link Evidence in the Commercial Court: Potential Pitfalls – Hardwicke Chambers

‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’

Full story

Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Benjamin King inquest: ‘Insufficient evidence’ against hospital – BBC News

‘Claims that evidence at an inquest into a baby’s death was deliberately falsified will not be pursued by police due to insufficient evidence.’

Full story

BBC News, 20th March 2017

Source: www.bbc.co.uk

Justice reformer condemns digital criminal courts plan – Law Society’s Gazette

‘Government plans for virtual court hearings and online guilty pleas for criminal offences are poorly costed, based on weak evidence and have not been subjected to proper consultation, a national justice charity says today.’

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Law Society’s Gazette, 15th March 2017

Source: www.lawgazette.co.uk

Reforms to cross-examination by alleged abusers in the Prisons and Courts Bill – Family Law Week

‘Mark Roscoe, barrister of The 36 Group, outlines the provisions which the Government proposes to insert into section 31 of the Matrimonial and Family Proceedings Act 1984.’

Full story

Family Law Week, 7th March 2017

Source: www.familylawweek.co.uk

A united approach – Counsel

Posted February 23rd, 2017 in barristers, children, cross-examination, news, witnesses, young persons by sally

‘HHJ Simon Drew QC and Lynda Gibbs explain why the pan-profession s 28 and ‘advocacy and the vulnerable’ training – being delivered to over 14,000 criminal advocates over the next two years – heralds a sea change.’

Full story

Counsel, March 2017

Source: www.counselmagazine.co.uk

IPCC advises separating police officers after fatal incidents – BBC News

Posted February 21st, 2017 in complaints, death in custody, news, police, witnesses by sally

‘Police officers directly involved in fatal incidents should be separated as quickly as possible to prevent conferring, a watchdog has said.’

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BBC News, 21st February 2017

Source: www.bbc.co.uk

Rape accusers ‘face court ordeal by defence lawyers’ – The Guardian

Posted February 6th, 2017 in bad character, bills, cross-examination, news, rape, sexual offences, trials, victims, witnesses by sally

‘Rape complainants are being routinely questioned in court about their sexual histories and even the way they were dressed on the night they were attacked, according to a damning dossier of case studies to be presented to MPs this week. The findings have triggered calls for the law to be tightened to protect complainants better.’

Full story

The Guardian, 4th February 2017

Source: www.guardian.co.uk

Speaking to Witnesses at Court – Crown Prosecution Service

Posted February 2nd, 2017 in courts, Crown Prosecution Service, press releases, victims, witnesses by tracey

‘More than nine out of 10 victims and witnesses are now satisfied with the support provided to them at court by the CPS, following the implementation of a ground-breaking initiative. Since April 2016, the CPS has been rolling out a new nationwide programme in which prosecution staff or advocates provide essential information to witnesses at court in order to assist them in giving their evidence. This rollout was completed across all courts last Autumn.’

Full press release

Crown Prosecution Service, 2nd February 2017

Source: www.cps.gov.uk

Removing a witness from court in fraudulent claims – 4 KBW

Posted January 27th, 2017 in accidents, fraud, news, road traffic, witnesses by sally

‘Witnesses and parties are frequently being excluded from County Court sessions across the country when another witness or party is giving evidence in cases when there are accusations of collusion or fraud. The fear is that if Witness A hears the responses of Witness B, Witness A may shape his/her evidence to be consistent with that of Witness B in order to strengthen their case.’

Full story

4 KBW, 5th January 2017

Source: www.4kbw.net

Munby: video-links in family courts ‘a disgrace’ – Law Society’s Gazette

Posted January 24th, 2017 in courts, evidence, family courts, judges, news, victims, video recordings, witnesses by sally

‘The president of the Family Division has berated the state of equipment in family courts, including his own court in London’s Royal Courts of Justice.’

Full story

Law Society’s Gazette, 23rd January 2017

Source: www.lawgazette.co.uk

Lee Rigby’s mother ‘threatened with arrest’ over court hearing – The Guardian

Posted January 23rd, 2017 in appeals, harassment, news, victims, witnesses by sally

‘The mother of murdered soldier Lee Rigby has said she was threatened with arrest unless she attended the appeal hearing of a man who harassed her over her son’s death.’

Full story

The Guardian, 22nd January 2017

Source: www.guardian.co.uk

Statement from the President of the Family Division, Sir James Munby: Cross-examination of vulnerable people – Courts and Tribunals Judiciary

Posted January 4th, 2017 in cross-examination, family courts, press releases, victims, witnesses by tracey

‘I have been raising since 2014 the pressing need to reform the way in which vulnerable people give evidence in family proceedings. I have made clear my view that the family justice system lags woefully behind the criminal justice system.’

Full statement

Courts and Tribunals Judiciary, 30th December 2016

Source: www.judiciary.gov.uk

Children: Public Law Update (December 2016) – Family Law Week

Posted December 8th, 2016 in adoption, appeals, care orders, families, fostering, legal representation, news, witnesses by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent important judgments in the field of public children law.’

Full story

Family Law Week, 7th December 2016

Source: www.familylawweek.co.uk

Witness Protection: Can non-parties appeal critical findings made in a judgment which infringe their human rights? – UK Human Rights Blog

Posted November 30th, 2016 in appeals, human rights, jurisdiction, local government, news, police, social services, witnesses by tracey

‘Re: W (A child) [2016] EWCA Civ 1140. A Family Court judgment was severely critical of two witnesses and the applicant local authority. In an oral “bullet point” judgment at the end of the hearing, the Judge found that the witnesses, a social worker (“SW”) and a police officer (“PO”), had improperly conspired to prove certain allegations regardless of the truth, or professional guidelines.’

Full story

UK Human Rights Blog, 30th November 2016

Source: www.ukhumanrightsblog.com

Social worker and police officer win challenge over criticisms made by judge – Local Government Lawyer

Posted November 25th, 2016 in judgments, news, police, setting aside, social services, witnesses by tracey

‘A social worker and a police officer have successfully crossed what McFarlane LJ called “legal landmines” to secure deletion of criticisms made of them by a judge.’

Full story

Local Government Lawyer, 23rd November 2016

Source: www.localgovernmentlawyer.co.uk