CPR Witness Statements: Lost in Translation – St John’s Buildings

‘An appeal was recently heard by, Mr Justice Freedman, about whether the preparation of a witness statement in English by a multilingual Claimant was CPR compliant or, in breach of Practice direction, 32.PD.18.1. The case is now reported as Afzal v UK Insurance Ltd (2023) EWHC 1730 KB.’

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St John's Buildings, 31st October 2023

Source: stjohnsbuildings.com

Sentencing guidelines coming into effect on 1 October 2023 – Sentencing Council

Posted September 28th, 2023 in intimidation, news, perverting the course of justice, sentencing, witnesses by tracey

‘On 1 October 2023, two new guidelines from the Sentencing Council for sentencing offenders convicted of interfering with the administration of justice will come into effect. The guidelines cover two offences: perverting the course of justice contrary to common law; and witness intimidation under the Criminal Justice and Public Order Act 1994.’

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Sentencing Council, 27th September 2023

Source: www.sentencingcouncil.org.uk

Millionaire wins cash fight with estranged wife despite judge dubbing him ‘liar’ – The Independent

Posted August 15th, 2023 in divorce, financial provision, news, witnesses by sally

‘A 74-year-old millionaire accused of “squirrelling away” at least £27 million has won a family court fight over money with his estranged American millionaire wife despite being described by a judge as an “inveterate liar”.’

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The Independent, 14th August 2023

Source: www.independent.co.uk

Sentencing guidelines for perverting the course of justice and witness intimidation offences published – Sentencing Council

‘The Sentencing Council has published two new guidelines for sentencing offenders convicted of perverting the course of justice and witness intimidation offences in England and Wales.’

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Sentencing Council, 12th July 2023

Source: www.sentencingcouncil.org.uk

What’s in a name? “A lot”, the press would answer – 4 New Square

‘There has been a spate of recent cases where professionals involved as respondents in disciplinary proceedings have sought anonymity orders in their favour. Helen Evans KC and Richard O’Brien explore whether a divide is emerging between the approach adopted by courts compared with tribunals. They also look some of the practical pitfalls of anonymity orders protecting respondents, as well as considering the position of witnesses and other third parties.’

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4 New Square, July 2023

Source: www.4newsquare.com

Electronic execution of documents – Pensions Barrister

Posted July 6th, 2023 in electronic filing, execution, news, pensions, witnesses by sally

‘Joseph Steadman has written an article about the signing and witnessing of documents electronically, and considers where the law has got to, where it is going and why this is relevant to pension schemes.’

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Pensions Barrister, 5th July 2023

Source: www.pensionsbarrister.com

Inquiry into 2,000 mental health deaths in Essex NHS trusts given legal powers – The Guardian

Posted June 29th, 2023 in bereavement, hospitals, inquiries, mental health, news, suicide, witnesses by sally

‘An independent inquiry into the deaths of almost 2,000 mental health patients across NHS trusts in Essex is to be given legal powers to compel witnesses to give evidence, after pressure from bereaved relatives and the chair of the inquiry.’

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The Guardian, June 2023

Source: www.theguardian.com

The Reality Of Rape Trials Is Grim For Survivors – The System Must Change – Each Other

Posted June 27th, 2023 in Crown Prosecution Service, evidence, juries, news, rape, victims, witnesses by sally

‘On Monday 19 June, the Ministry of Justice announced that it will be focusing on building trust between rape victims and the system – in order to reduce dropout rates before a trial.’

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Each Other, 23rd June 2023

Source: eachother.org.uk

SDT refused to disclose witness statements in sexual misconduct case – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) refused to disclose the witness statements of three young women who gave evidence of sexual misconduct by City lawyer Oliver Bretherton to journalists, it has emerged.’

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Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

Court upholds Covid will witnessed through car window – Legal Futures

Posted May 22nd, 2023 in coronavirus, news, wills, witnesses by tracey

‘The High Court has praised the “ingenious arrangement” of witnessing a will through a car window in the early days of the pandemic.’

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Legal Futures, 22nd May 2023

Source: www.legalfutures.co.uk

Now What? – The Contesting of Lisa Marie Presley’s Will (Lessons for English Law Testators) – Mills & Reeve

Posted February 2nd, 2023 in amendments, news, trusts, wills, witnesses by sally

‘Priscilla Presley, mother of the recently deceased Lisa Marie Presley, has launched a legal challenge to contest the validity of her late daughter’s Will. The challenge relates to a 2016 Amendment to her daughter’s Will which has the effect of removing Priscilla from her role as trustee of her daughter’s estate, significantly reducing the say that she has over how her daughter’s estate will be managed.’

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Mills & Reeve, 1st February 2023

Source: www.mills-reeve.com

Court rejects contempt bid over solicitor’s witness statement error – Legal Futures

Posted January 23rd, 2023 in contempt of court, news, solicitors, wills, witnesses by tracey

‘The High Court has rejected an application to begin contempt proceedings against a solicitor over what it said was a simple error in a witness statement.’

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Legal Futures, 23rd January 2023

Source: www.legalfutures.co.uk

Judge warns solicitors over witness statement compliance certificates – Legal Futures

‘The High Court has issued a stark warning to solicitors who sign a certificate of compliance on non-compliant witness statements so their clients can have their day in court.’

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Legal Futures, 4th January 2023

Source: www.legalfutures.co.uk

Chelsea Bridge death: family bring test case against police watchdog – The Guardian

‘The family of Oladeji Omishore, who drowned in June shortly after he was shot with a stun gun by police, are taking the police watchdog to the high court in a test case, accusing them of failing to properly investigate the officers involved.’

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The Guardian, 28th November 2022

Source: www.theguardian.com

Vulnerable parties and civil proceedings – Family Law

Posted October 31st, 2022 in civil justice, civil procedure rules, news, witnesses by tracey

‘The internet is replete with humorous courtroom exchanges – genuine or apocryphal – between hapless lawyers and intelligent, sarcastic witnesses but the reality is that advocates come prepared with plenty of experience and usually know what they are going to ask. In contrast, most parties and witnesses in civil claims have probably never been inside a court and their “preparation” for the experience itself may have involved watching multiple episodes of Kavanagh QC or similar, largely unrealistic, courtroom dramas.’

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Family Law, 28th October 2022

Source: www.familylaw.co.uk

Failure to comply with PD57AC — it can be costly! – Local Government Lawyer

Posted October 28th, 2022 in costs, drafting, indemnities, local government, news, practice directions, witnesses by tracey

‘Amba Griffin-Booth examines the lessons to be learned from a recent case concerning compliance with PD57AC.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.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

Claimant to pay indemnity costs after latest witness statement failure – Legal Futures

Posted September 21st, 2022 in costs, indemnities, news, practice directions, witnesses by sally

‘The High Court has ordered a claimant who seriously breached the rules on witness statements to pay indemnity costs, having exacerbated the situation by dismissing the defendant’s concerns.’

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Legal Futures, 21st September 2022

Source: www.legalfutures.co.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

Proving things and the perils of pro-forma – Nearly Legal

Posted August 30th, 2022 in evidence, housing, news, rent, repayment, witnesses by tracey

‘Camfield & Ors v Uyiekpen & Anor (HOUSING – RENT REPAYMENT ORDER – evidence – pro forma witness statements) (2022) UKUT 234 (LC). An appeal from an FTT decision dismissing an application for a rent repayment order, which shows the importance of establishing ALL the elements of a relevant offence, while also providing a snapshot of the horror show that is “get rich quick” rent to rent set ups.’

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Nearly Legal, 28th August 2022

Source: nearlylegal.co.uk