Litigant’s claim struck out for discussing case during break in giving evidence – a cautionary tale – Transparency Project

Posted April 19th, 2018 in appeals, BBC, employment tribunals, evidence, media, news, striking out, witnesses by sally

‘It’s one of the cardinal rules of court procedure: once you’ve entered the witness box and started to give evidence, you mustn’t discuss the case with anyone outside court, if there’s a break in the proceedings, until you’ve finished giving evidence.’

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Transparency Project, 15th April 2018

Source: www.transparencyproject.org.uk

New limb (g) added to Wimbledon v Vago principles and fraud allegations merit stay – Practical Law: Construction Blog

Posted April 9th, 2018 in accounts, fraud, intimidation, news, stay of execution, witnesses by tracey

‘Last week, Fraser J handed down his judgment in Gosvenor London Ltd v Aygun UK Ltd, a case in which the defendant (Aygun) was seeking to resist payment of an adjudicator’s award of around £650,000 on the grounds that a substantial part of the award was allegedly derived from fraudulent invoicing of Aygun. In the alternative, Aygun sought a stay on the basis of fraud, alleged witness intimidation and, most importantly, the entirely unsatisfactory nature of the claimant’s (Gosvenor) statutory accounts for 2016/2017 and the unbelievable explanations given on its behalf as to the contents. This combination of factors led the court to conclude it was unlikely that Gosvenor would repay the adjudicator’s award, were it required to do so following a challenge to the adjudicator’s decision in subsequent TCC proceedings.’

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Practical Law: Construction Blog, 4th April 2018

Source: constructionblog.practicallaw.com

Witness “was not a reliable historian” – Practical Law: Construction Blog

Posted March 27th, 2018 in construction industry, evidence, news, witnesses by tracey

‘I like reading Fraser J’s judgments. Where else would you get phrases such as “banter in a public house during consumption of a gallon of ale (or lager)” and “quite apart from any illumination of the wisdom (or otherwise) of discussing (still less agreeing) incentive payments of such extraordinary size at an evening of drinking in the Horse & Groom”, nestled in among legal analysis? (He was talking about Blue v Ashley, which I’m sure was an interesting informal business meeting!).’

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Practical Law: Construction Blog, 27th March 2018

Source: constructionblog.practicallaw.com

Judges told to limit observers if witness has to remove veil – The Guardian

‘Judges should restrict the number of observers allowed into court when defendants or witnesses are compelled to remove their veil to give evidence, new guidance to judges recommends.’

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The Guardian, 28th February 2018

Source: www.theguardian.com

Does the inclusion of families and children in family proceedings go far enough? – Family Law Week

Posted February 23rd, 2018 in children, families, family courts, judgments, news, witnesses by tracey

‘Adele Cameron-Douglas, barrister of 4 Paper Buildings, asks how children can continue to be involved in proceedings that concern them after their conclusion.’

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Family Law Week, 22nd February 2018

Source: www.familylawweek.co.uk

Helping child witnesses: ‘One girl gave evidence with a hamster on her lap’ – The Guardian

‘They might be victims of rape, or witnesses to murder. But can they really be relied upon to tell the truth at trial?’

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The Guardian, 17th February 2018

Source: www.theguardian.com

Child victims let down by lack of help in court, says UK watchdog – The Guardian

Posted January 17th, 2018 in children, evidence, news, victims, witnesses by sally

‘Hundreds of the most vulnerable victims of crime are being prevented from testifying against their attackers because of a shortage of experts to help them give evidence, the victims’ commissioner warns in a report on Wednesday.’

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The Guardian, 17th January 2018

Source: www.theguardian.com

Bank held negligent for failing to ensure promissory note was properly signed – OUT-LAW.com

Posted January 8th, 2018 in banking, documents, negligence, news, witnesses by sally

‘The bank arranger of a $650 million Islamic bond financing deal has been found negligent for failing to ensure that a promissory note, used as security, was properly signed.’

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OUT-LAW.com, 8th January 2018

Source: www.out-law.com

Evidence of children and vulnerable witnesses: Part 2 – Family Law

Posted December 13th, 2017 in children, elderly, mental health, news, witnesses by sally

‘The first article in this series of two dealt with circumstances where particular arrangements might be appropriate for children and vulnerable as witnesses in family proceedings. This article looks at the type of measure which the court can provide for such witnesses; and at how these measures are dealt with in common law and under statutory provision. As mentioned at the end of this article, the funding of assessment for, and thus the effective operation of, such measures is not something the Lord Chancellor and his Ministry of Justice seems fully – or at all? – to have put their minds to.’

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Family Law, 12th December 2017

Source: www.familylaw.co.uk

Child friendly courts: what we can learn from America – Legal Voice

Posted December 12th, 2017 in children, courts, family courts, news, victims, witnesses, young persons by sally

‘At the tender age of seven, I was faced with the prospect of having to go to court to give evidence. Fortunately, the case settled and I was spared the ordeal of going to court, but I will never forget the endless sleepless nights and distress I felt at the thought of it. The experience made me determined to do whatever I could when I was older to prevent any other child feeling this way.’

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Legal Voice, 11th December 2017

Source: www.legalvoice.org.uk

Evidence of children and vulnerable witnesses: Part 1 – Family Law

‘This article (the first of two) considers the evidence of any witness in family proceedings where that evidence diverges from the general procedural rules (as explained below) for evidence in family proceedings.’

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Family Law, 8th December 2017

Source: www.familylaw.co.uk

When silence is deafening: adverse inferences in relation to absent witnesses – Hardwicke Chambers

Posted December 8th, 2017 in construction industry, news, witnesses by sally

‘Staff turnover in the construction industry can be particularly high and finding the right person to give evidence on all issues in a case can sometimes be difficult. Parties are often suspicious when they know there is someone who should be able to give evidence for their opponent, but whom their opponent does not plan to call. There is an obvious risk in a party calling that witness when there has been a seemingly positive pre-existing relationship with the opposing party. Consequently, it is more common for a party to invite the court to draw an adverse inference where a witness should have been called to give evidence, but is absent from the proceedings.’

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Hardwicke Chambers, 22nd November 2017

Source: www.hardwicke.co.uk

Poppi Worthington inquest: father refuses to answer 69 questions over 13 month-old’s death – Daily Telegraph

Posted November 30th, 2017 in evidence, families, inquests, media, news, police, witnesses by tracey

‘The father of Poppi Worthington refused to answer 69 questions relating to her death in case it incriminated him as it emerged he is now under witness protection.’

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Daily Telegraph, 29th November 2017

Source: www.telegraph.co.uk

BSB publishes updated disciplinary tribunal regulations and rules on parental leave in new BSB Handbook – Bar Standards Board

‘A new rule clarifying how vulnerable witnesses give evidence is one of a set of new and updated disciplinary tribunal regulations published today in the new version of the BSB handbook. The revised Handbook also contains new rules about shared parental leave, in addition to some minor amendments to provide additional clarity.’

Full press release

Bar Standards Board, 1st November 2017

Source: www.barstandardsboard.org.uk

British couple given lengthy jail terms for child sexual abuse – The Guardian

‘A British couple who abused a child and streamed the assaults live are beginning lengthy jail terms after a fellow paedophile who watched online from the US gave evidence against them.’

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The Guardian, 27th October 2017

Source: www.theguardian.com

Pentonville Prison murder: Anonymous witness’s identity revealed – BBC News

Posted October 27th, 2017 in anonymity, evidence, murder, news, prisons, trials, witnesses by sally

‘An anonymous witness in the Pentonville prison murder trial pulled out of giving evidence when his cover was blown after less than an hour in court.’

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BBC News, 25th October 2017

Source: www.bbc.co.uk

Identity of anonymous prison murder trial witness mistakenly revealed in court – Daily Telegraph

Posted October 25th, 2017 in anonymity, murder, news, prisons, trials, witnesses by michael

‘An anonymous witness in the Pentonville prison murder trial has withdrawn after his cover was blown after less than an hour in court in what a judge described as a “very regrettable accident”.’

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Daily Telegraph, 25th October 2017

Source: www.telegraph.co.uk

Should children be heard in English family court cases? – BBC News

Posted October 17th, 2017 in children, family courts, news, treaties, witnesses by tracey

‘Children, campaigners and some judges are calling for a change in the law so that children at the heart of family cases in England and Wales can talk in private to the judge if they so choose.’

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BBC News, 17th October 2017

Source: www.bbc.co.uk

Kevin Nunes murder: Staffordshire Police ‘mishandled’ paid witness – BBC News

Posted October 5th, 2017 in complaints, disciplinary procedures, gangs, murder, negligence, news, police, reports, witnesses by tracey

‘”Significant failures” by Staffordshire Police over a gangland killing led to the unsafe convictions of five men, a police watchdog report has found.’

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BBC News, 4th October 2017

Source: www.bbc.co.uk

Children’s evidence and ABE interviews Children’s evidence – Family Law

Posted September 21st, 2017 in child abuse, children, disclosure, evidence, news, witnesses by sally

‘In Wolverhampton City Council v JA & Ors [2017] EWFC 62, Keehan J dealt with a care case which involved allegations of sexual abuse of two young girls. They were aged 13 (X) and 12 (Y) at the time of his judgment. The proceedings are continuing. There were a variety of allegations against the children’s father and two male friends of the mother dating back nearly ten years.’

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Family Law, 20th September 2017

Source: www.familylaw.co.uk