New Requirements for Witness Statements – 3 Hare Court

Posted February 25th, 2021 in documents, news, practice directions, witnesses by sally

‘From 6 April 2021, a new regime for witness statements in the Business and Property Courts will come into force. Practice Direction 57AC will introduce significantly tighter requirements that will apply to all trial witness statements signed on or after 6 April 2021, including those in claims that have already been issued.’

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3 Hare Court, February 2021

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New witness statements Practice Direction approved – Courts and Tribunals Judiciary

Posted February 19th, 2021 in civil procedure rules, evidence, practice directions, press releases, witnesses by tracey

‘The Civil Procedure Rule Committee has approved new Practice Direction PD57AC which seeks to promote and enforce best practice on the preparation of witness statements.’

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Courts and Tribunals Judiciary, 18th February 2021

Source: www.judiciary.gov.uk

The show must now go on – St Ives Chambers

Posted February 11th, 2021 in adjournment, chambers articles, coronavirus, news, remote hearings, witnesses by sally

‘In the recent case of Bilta (UK) Ltd and others v SVS Securities Plc and others [2021] EWHC 36 (Ch) Mr Justice Smith considered an application on behalf of the Fifth Defendant, Traditional Financial Services (‘TFS’), for an adjournment 1 week before the commencement of a 5 week trial. The case was to be heard in the Rolls Building as part of the Financial List.’

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St Ives Chambers, February 2021

Source: www.stiveschambers.co.uk

Solicitor lied to High Court in claim brought by former partner – Legal Futures

Posted February 11th, 2021 in disciplinary procedures, evidence, news, solicitors, witnesses by sally

‘A solicitor who lied to a High Court judge during the trial of a dispute with a former partner in his law firm has been struck off.’

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Legal Futures, 11th February 2021

Source: www.legalfutures.co.uk

‘Vulnerability’ added to overriding objective and costs rules – Litigation Futures

‘Taking account of the vulnerability of parties and witnesses is to be added to the overriding objective as well as the factors used to determine the proportionality of costs.’

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Litigation Futures, February 2021

Source: www.litigationfutures.com

Court rejects Covid adjournment to press on with in-person trial – Legal Futures

Posted January 26th, 2021 in adjournment, case management, coronavirus, news, remote hearings, witnesses by sally

‘The High Court has ruled that the fears of three witnesses about giving evidence in person during the UK’s winter Covid spike should not lead to a five-week complex commercial trial being adjourned.’

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Legal Futures, 26th January 2021

Source: www.litigationfutures.com

Witnessing Wills During a Pandemic: “You’re on mute” – No. 5 Chambers

Posted January 22nd, 2021 in chambers articles, coronavirus, news, telecommunications, wills, witnesses by sally

‘The Wills Act 1837 (Electronic Communications) (Amendment)(Coronavirus) Order 2020 (SI 2020 No 952) means that it is now possible to witness a will via a video call. These temporary changes are much needed to allow those who want to make or update a will during the Covid-19 pandemic to do so safely and legally.’

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No. 5 Chambers, 21st January 2021

Source: www.no5.com

Anonymous witness evidence and the right to a fair trial – Carmelite Chambers

Posted January 12th, 2021 in anonymity, criminal procedure, evidence, news, witnesses by sally

‘Anonymous witness orders are most commonly sought by the prosecution in cases involving undercover police officers. There are outliers however, cases of complexity that call for closer attention, particularly those involving allegations or fears of witness intimidation.’

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Carmelite Chambers, 11th January 2021

Source: www.carmelitechambers.co.uk

Parliament could get legal powers to summon witnesses, MP says – The Guardian

Posted October 29th, 2020 in news, parliament, privilege, select committees, witnesses by sally

‘Parliament could soon be given legal powers to summon reluctant witnesses such as Dominic Cummings and Rupert Murdoch to answer questions from MPs, according to the chair of a Commons committee.’

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The Guardian, 28th October 2020

Source: www.theguardian.com

‘Justice must be for all’: why court intermediaries are vital for vulnerable people – The Guardian

‘Concerns are growing that a service to help people follow court proceedings in England and Wales is to be privatised and deregulated.’

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The Guardian, 28th October 2020

Source: www.theguardian.com

High Court upholds refusal by judge to admit witness statement from council officer in eviction proceedings brought by housing association – Local Government Lawyer

Posted October 15th, 2020 in admissibility, appeals, evidence, housing, landlord & tenant, news, repossession, witnesses by tracey

‘The High Court has dismissed an application to overturn a judge’s refusal to allow tenants to rely on a witness statement from a council officer in eviction proceedings brought by a housing association.’

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Local Government Lawyer, 15th October 2020

Source: www.localgovernmentlawyer.co.uk

Lord Sumption: justice faces digital trade-off – Law Society’s Gazette

‘The court system faces a trade-off between the quality of justice and the cost of delivering it, former Supreme Court justice Lord Sumption has said in a biting assessment of virtual hearings. Speaking at the Commercial Litigators’ Forum, Lord Sumption (Jonathan Sumption QC) said if quality of justice was the only concern “we would go back to ordinary oral hearings.” ‘

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Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

City giant self-reports to SRA after trial streamed live on Zoom – Law Society’s Gazette

‘A City firm which disobeyed a court order and allowed a libel trial to be live streamed to clients abroad has reported itself to the regulator.’

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Law Society's Gazette, 7th August 2020

Source: www.lawgazette.co.uk

Top judge slates firm over trial live-stream breach – Legal Futures

‘The president of the Queen’s Bench Division has strongly criticised lawyers in the London office of US firm McDermott Will & Emery (MWE) after they allowed a trial to be live-streamed to observers outside the UK without the court’s permission.’

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Legal Futures, 7th August 2020

Source: www.legalfutures.co.uk

The 4 Principles Applicable to Telephone Disclosure by Giles Bridge – Broadway House Chambers

‘You are the witness to or the victim of a crime. The police officer says that they need you to hand over your mobile phone. The officer says it will be examined and all of the contents may be downloaded. The officer cannot say when you will get your phone back. There is a long backlog of phones waiting to be downloaded, it could be a couple of months. It’s your phone, you really rely upon it. Like most people, your average screen time has rocketed during lockdown. There is so much detailed and very personal information on that phone. You ask the officer, ‘Do you really need to take my phone?’ You are very reluctant to hand it over. The officer says, if you do not hand it over the case probably will not go any further. Discussions like this take place every day across the United Kingdom.’

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Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

Attending a court to give evidence for the employer is not ‘‘work’’ for the purposes of the ‘furlough’ scheme – 3PB

‘According to a report in the Nottinghamshire Law Society Civil Court User Bulletin No 5. HHJ Godsmark QC, on an application to vacate a trial on account of the Defendant’s witnesses being “furloughed”, stated that, “attending a court to give evidence for the employer is not ‘work’ and certainly not work within the meaning of the furlough scheme”.’

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3PB, 3rd July 2020

Source: www.3pb.co.uk

Why we can’t tell if a witness is telling the truth – OUP Blog

Posted July 8th, 2020 in cross-examination, deceit, news, trials, witnesses by sally

‘Imagine that you are a juror in a trial in which the chief witness for the prosecution gives evidence about the alleged crime which is completely at odds with the evidence given by the accused. One of them is either very badly mistaken or lying. On what basis will you decide which one of them is telling the truth? And how sure can you be in your conclusion?’

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OUP Blog, 7th July 2020

Source: blog.oup.com

Amber Heard can be in court for Johnny Depp’s evidence, high court rules – The Guardian

‘Johnny Depp has failed to stop his ex-wife Amber Heard from watching him give evidence in a libel case over allegations of domestic abuse.’

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The Guardian, 4th July 2020

Source: www.theguardian.com

High Court judge savages unnecessary witness statements – Litigation Futures

Posted July 2nd, 2020 in drafting, news, summary judgments, taxation, witnesses by tracey

‘A High Court judge has roundly criticised witness statements prepared for an application for summary judgment in a major piece of tax litigation, saying far too much time and money was spent on them.’

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Litigation Futures, 1st July 2020

Source: www.litigationfutures.com

How Judges Make their Decisions – is witness demeanour a myth? – Family Law Week

Posted July 2nd, 2020 in judiciary, juries, news, remote hearings, witnesses by tracey

‘Madeleine Whelan, barrister of Fourteen, considers how much weight judges might give to witnesses’ demeanour when evaluating their evidence in the light of a recent judgment by Mrs Justice Lieven.’

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Family Law Week, 29th June 2020

Source: www.familylawweek.co.uk