Judge refuses to point finger at solicitor over witness statement failure – Legal Futures

Posted September 10th, 2024 in news, practice directions, solicitors, witnesses by tracey

‘Another party has fallen victim to the rules on witness statements, but the High Court has declined to order their solicitor to explain how the failure to comply came about.’

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Legal Futures, 10th September 2024

Source: www.legalfutures.co.uk

Mother and son call for review of ‘harsh’ UK witness protection programme – The Guardian

‘A mother and son whose lives have been completely reshaped by living under witness protection have called for a wholesale review of the system, warning that instead of keeping people safe it can be “hostile” to innocents.’

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The Guardian, 27th August 2024

Source: www.theguardian.com

Court of Appeal criticises judge who ‘entered the arena to an impermissible extent’ – Law Society’s Gazette

Posted July 2nd, 2024 in cross-examination, judges, news, witnesses by tracey

‘A judge accused of cross-examining an appellant during a hearing about a rejected residence card did not act fairly in his conduct and determination of the case, the Court of Appeal has found.’

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Law Society's Gazette, 1st July 2024

Source: www.lawgazette.co.uk

Witness statements in England and Wales – OUT-LAW.com

Posted May 30th, 2024 in documents, evidence, news, witnesses by tracey

‘A witness statement is a written formal document used in litigation in the courts of England and Wales. A witness statement contains a person’s truthful own account of facts relating to issues arising in a dispute, which are within that person’s personal knowledge.’

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OUT-LAW.com, 29th May 2024

Source: www.pinsentmasons.com

Non-English speaking witnesses and wasted costs – 12 King’s Bench Walk Costs Litigation Blog

‘In this article Rebecca Henshaw-Keene looks at wasted costs orders following the judgment in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB).The judgment contains significant guidance on preparing for wasted costs hearings and is an important addition to the line of cases on the requirements in respect of witness statements for non-English speakers. With thanks to Andrew Roy KC for his comments on the article.’

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12 King's Bench Walk Costs Litigation Blog, 19th April 2024

Source: costsandlitigationfunding.com

The Manchester Arena Inquiry: lessons for future inquiries – 6KBW College Hill

Posted April 24th, 2024 in chambers articles, inquiries, news, terrorism, victims, witnesses by sally

‘Lawyers involved in public inquiries often refer, half in jest and half out of fear, to a hypothetical future ‘inquiry into the inquiry’ in which their decisions will be scrutinised. Happily for lawyers, but perhaps to the detriment of future inquiries, there is usually relatively little analysis and certainly no formal mechanism to review the effectiveness of an inquiry following its completion. That is the position notwithstanding the growing reliance on public inquiries to investigate matters of acute public concern, and that chief amongst the many purposes of inquiries – establishing facts, providing accountability, making recommendations – is learning lessons.’

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6KBW College Hill, 17th April 2024

Source: blog.6kbw.com

SRA pulls prosecution after Foreign Office warning – Legal Futures

‘The Solicitors Regulation Authority (SRA) has withdrawn all its allegations against a solicitor and non-lawyer after the Foreign Office advised against taking evidence remotely from a crucial witness in Dubai without permission from the UAE government.’

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Legal Futures, 9th April 2024

Source: www.legalfutures.co.uk

Trial judge appointed special examiner to hear the evidence of a sanctioned Russian litigant and his witness in Dubai (Gorbachev v Guriev) – Gatehouse Chambers

Posted March 15th, 2024 in chambers articles, dispute resolution, news, Russia, sanctions, witnesses by sally

‘Dispute Resolution analysis: HHJ Pelling, the trial judge in a piece of commercial litigation in England has approved an order by which he was appointed a special examiner to hear the evidence of sanctioned Russian Defendant and a witness on his behalf, his son in Dubai. The witnesses could not give evidence in England and Wales due to a travel ban imposed by the sanctions Regulations. This decision contrasts with a recent decision in the SKAT Litigation.’

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Gatehouse Chambers, 20th February 2024

Source: gatehouselaw.co.uk

UK special forces have power over Afghan sanctuary claims despite investigation into alleged SAS crimes – The Independent

Posted February 20th, 2024 in Afghanistan, armed forces, conflict of interest, inquiries, news, war crimes, witnesses by tracey

‘UK special forces have frustrated efforts by Afghan troops to gain sanctuary in Britain despite the fact that some of the Afghan soldiers could be witnesses to crimes allegedly committed by British units.’

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The Independent, 19th February 2024

Source: www.independent.co.uk

Government brings video-witnessing of wills to an end – Legal Futures

Posted February 8th, 2024 in coronavirus, electronic filing, news, video recordings, wills, witnesses by sally

‘The pandemic measure to allow video witnessing of wills came to an end last week, after the government decided not to extend it beyond 31 January.’

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Legal Futures, 6th February 2024

Source: www.legalfutures.co.uk

Some recent cases on witness statements – Local Government Lawyer

Posted January 8th, 2024 in judicial review, local government, news, witnesses by tracey

‘There have been three recent cases that each provide some developments on the law relating to witness evidence that will be useful for practitioners in judicial review proceedings, writes Charles Bishop.’

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Local Government Lawyer, 5th January 2024

Source: www.localgovernmentlawyer.co.uk

Remote Evidence from Overseas – International & Travel Law Blog

Posted December 21st, 2023 in civil procedure rules, evidence, news, remote hearings, witnesses by sally

‘[T]his blog post by James Pickering is a reminder of the key principles for overseas witnesses giving remote evidence voluntarily. Other situations are governed by the Letters of Request procedure (which is helpfully outlined in the King’s Bench Division Guide 2023 at Section 20).’

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International & Travel Law Blog, 10th November 2023

Source: internationalandtravellawblog.com

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