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.’

Full Story

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’

Full speech

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

Modernising lasting powers of attorney: change is coming – Legal Futures

‘In 2007, the Mental Capacity Act 2005 introduced Lasting Powers of Attorney (LPAs) which for the first time allowed a donor to appoint an attorney to make decisions both about their property and financial affairs, but also about their health and welfare.’

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Legal Futures, 17th August 2022

Source: www.legalfutures.co.uk

Some reflections on the new world order – Practical Law: Construction Blog

Posted August 4th, 2022 in disclosure, news, pilot schemes, practice directions, witnesses by tracey

‘In the Business and Property Courts (B&PCs), Practice Direction (PD) 57AC has applied to all trial witness statements signed since 6 April 2021. The commencement date of the Disclosure Pilot Scheme (under PD 51U), was 1 January 2019. However, it has been approved and will become permanent from 1 October 2022 (under PD 57AD).

I want to share a few reflections, based on recent experience, around how the rules in these two Practice Directions can interact at trial.’

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Practical Law: Construction Blog, 3rd August 2022

Source: constructionblog.practicallaw.com

Judge condemns “trench warfare” over witness statements – Legal Futures

Posted July 25th, 2022 in costs, evidence, judges, news, practice directions, witnesses by sally

‘The rules on witness statements should not be seen as encouragement to go through them “with a fine-tooth comb” to identify “as many instances of non-compliance as possible for use in trench warfare”, the High Court has said.’

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Legal Futures, 25th July 2022

Source: www.legalfutures.co.uk

Courts send different messages to lawyers over witness statements – Legal Futures

Posted May 27th, 2022 in drafting, judges, news, practice directions, witnesses by sally

‘The strengthened rules on witness statements should not be used as a “weapon with which to fillet” essentially insignificant failures to comply, a High Court judge has said.’

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Legal Futures, 27th May 2022

Source: www.legalfutures.co.uk

Electronic signatures instead of witnesses for LPAs stay on the table – Legal Futures

‘The government has refused to rule out replacing the witnessing of lasting powers of attorney (LPAs) with electronic signatures despite widespread opposition in a consultation.’

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Legal Futures, 20th May 2022

Source: www.legalfutures.co.uk

New protections for rape victims available at more Crown Courts – Ministry of Justice

‘More victims of rape and sexual offences will be spared the stress of being cross-examined in court under a measure rolled out to a further 14 locations today (12 May 2022).’

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Ministry of Justice, 12th May 2022

Source: www.gov.uk

New English witness evidence rules likely to influence wider best practice – OUT-LAW.com

Posted April 29th, 2022 in courts, evidence, news, practice directions, witnesses by tracey

‘Businesses involved in disputes before a wide range of courts and tribunals should expect their factual witness evidence to be closely scrutinised and should be aware of best practice principles recently set out by one of the main branches of the English courts.’

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OUT-LAW.com, 28th April 2022

Source: www.pinsentmasons.com

David Fuller: Head of inquiry says investigations will be ‘thorough’ – BBC News

Posted April 12th, 2022 in families, hospitals, inquiries, murder, news, sexual offences, victims, witnesses by tracey

‘The man leading the independent inquiry into David Fuller’s “awful” mortuary abuses said those who do not cooperate will be publicly named.’

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BBC News, 11th April 2022

Source: www.bbc.co.uk

Credibility: A divisible concept? – Exchange Chambers

‘Alice Dobbie considers how credibility was approached by the courts in two recent cases: Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 and Palmer v Mantas and LV Insurance [2022] EWHC 90.’

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Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk

Police guidance on facial recognition technology ‘a hammer blow to privacy’ – The Independent

Posted March 22nd, 2022 in facial mapping, identification, news, police, privacy, victims, witnesses by tracey

‘Innocent people like victims and potential witnesses could be placed on police watchlists under guidance on the use of facial recognition systems, civil liberties groups have warned.’

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The Independent, 22nd March 2022

Source: www.independent.co.uk

Judge condemns “clearest breach” of witness statement rules – Legal Futures

Posted March 17th, 2022 in civil procedure rules, news, practice directions, witnesses by tracey

‘A High Court judge has condemned the “clearest case of failure to comply” with a new practice direction on witness statements that he had seen since it came into force last April.’

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Legal Futures, 17th March 2022

Source: www.legalfutures.co.uk