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?’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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”.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Family Law, 20th September 2017

Source: www.familylaw.co.uk

Czech slaves gang forced Plymouth victim to lie – BBC News

‘Four gang members have been jailed for forcing a slavery victim to withdraw evidence, causing a trial to collapse.’

Full Story

BBC News, 12th September 2017

Source: www.bbc.co.uk

Ann Maguire’s family lose legal challenge over inquest evidence – BBC News

Posted August 15th, 2017 in evidence, families, inquests, news, school children, witnesses by sally

‘The widower and children of a teacher murdered by a student have lost their legal challenge against a coroner’s decision not to call pupils as witnesses at a forthcoming inquest.’

Full Story

BBC News, 14th August 2017

Source: www.bbc.co.uk

Operation Sanctuary: Police say paying rapist ‘was right’ – BBC News

Posted August 10th, 2017 in gangs, informers, news, police, rape, sexual grooming, witnesses by tracey

‘A police chief has said paying a child rapist £10,000 as part of an investigation into a grooming gang was the “right thing”.’

Full Story

BBC News, 10th August 2017

Source: www.bbc.co.uk

18 people convicted after girls and young women groomed, drugged and raped in Newcastle – The Independent

‘Under-age girls and vulnerable young women were taken to parties in Newcastle and groomed with drugs before being raped and sexually abused, it can now be reported.’

Full Story

The Independent, 9th August 2017

Source: www.independent.co.uk

Janine Wolstenholme Reviews a Recent Case on Relief from Sanctions – Park Square Barristers

‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’

Full Story

Park Square Barristers, 27th June 2017

Source: www.parksquarebarristers.co.uk