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

Bid by Kazakh mining company to sue journalist is dismissed by judge – The Guardian

Posted March 3rd, 2022 in defamation, fraud, media, murder, news, witnesses by sally

‘An attempt by a Kazakh mining giant to sue a British journalist for allegedly claiming it ordered the murders of three men has been thrown out by a judge.’

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The Guardian, 2nd March 2022

Source: www.theguardian.com

Family of shot activist Sasha Johnson vow to get justice after case collapses – The Guardian

Posted March 1st, 2022 in conspiracy, murder, news, prosecutions, witnesses by sally

‘The family of Sasha Johnson have vowed to get justice after the case against four men accused over the shooting that left her seriously injured collapsed last week.’

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The Guardian, 28th February 2022

Source: www.theguardian.com

New English court witness statement rules have positive early effect – OUT-LAW.com

Posted February 8th, 2022 in drafting, evidence, news, practice directions, witnesses by sally

‘Last year, important new rules were introduced governing how witness statements are drafted and used in the Business and Property Courts (BPC) of England and Wales.’

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OUT-LAW.com, 7th February 2022

Source: www.pinsentmasons.com

Electronic signatures “more reliable” than live witnesses – Legal Futures

Posted February 2nd, 2022 in documents, electronic filing, Law Commission, news, witnesses by sally

‘The most sophisticated kind of electronic signatures can be “more reliable” than signatures witnessed the traditional way in an “unsupervised environment”, a government-backed industry working group has said.’

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Legal Futures, 2nd February 2022

Source: www.legalfutures.co.uk

Practice Direction 57AC in practice – Local Government Lawyer

Posted January 28th, 2022 in evidence, local government, news, practice directions, witnesses by tracey

‘Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn examine the latest court ruling on PD 57AC.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Failure in childcare case to identify cognitive difficulties of appellant and to make appropriate participation directions “amounted to serious procedural irregularity”, Court of Appeal rules – Local Government Lawyer

Posted January 20th, 2022 in care orders, children, learning difficulties, news, witnesses by tracey

‘Failure to identify an appellant’s cognitive limitations led to procedural unfairness in a case involving children, the Court of Appeal has found.’

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Local Government Lawyer, 20th January 2022

Source: www.localgovernmentlawyer.co.uk

Video-witnessed wills extended until 2024 – Law Society’s Gazette

‘Legislation introduced during the pandemic allowing wills to be witnessed over Zoom and Skype will be extended until January 2024, the government announced today.’

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Law Society's Gazette, 11th January 2022

Source: www.lawgazette.co.uk

Reform or revolution? – Local Government Lawyer

Posted December 17th, 2021 in courts, local government, news, practice directions, trials, witnesses by michael

‘How is Practice Direction 57AC bedding down? Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn look at its impact.’

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Local Government Lawyer, 17th December 2021

Source: www.localgovernmentlawyer.co.uk

Records vs Recollections: HTR v Nottingham University Hospitals NHS Trust – Ropewalk Clinical Negligence Blog

Posted December 14th, 2021 in birth, hospitals, negligence, news, personal injuries, witnesses by tracey

‘What approach should the court take when there is a fundamental dispute of fact between an individual’s recollection given in witness evidence and contemporaneous medical records? This was the issue in the trial of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB), heard by Cotter J between 5 and 7 October 2021. The case will be of interest to clinical negligence practitioners following the judge’s preference of the Claimant’s mother’s witness evidence about matters that occurred 17 years earlier, despite the existence of a medical note made at the time which appeared to directly contradict that evidence.’

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Ropewalk Clinical Negligence Blog, 7th December 2021

Source: www.ropewalk.co.uk

Too many witness statements prepared in breach of proper professional standards, says top family judge – Local Government Lawyer

Posted November 11th, 2021 in codes of practice, families, family courts, judges, news, practice directions, witnesses by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued a memorandum setting out how witness statements should be prepared for use in the Family Courts to ensure they meet proper professional standards.’

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Local Government Lawyer, 10th November 2021

Source: www.localgovernmentlawyer.co.uk

Judges can rely on solicitors’ emails to assess credit hire losses – Legal Futures

Posted September 30th, 2021 in accidents, electronic mail, insurance, news, road traffic, taxis, witnesses by sally

‘Taxi drivers forced to hire new cars after road traffic accidents do not need to set out their credit charges in witness statements as emails from their solicitors will suffice, a judge has ruled.’

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Legal Futures, 30th September 2021

Source: www.legalfutures.co.uk

Barrister waived privilege in document by showing it to opposing counsel – Legal Futures

Posted September 22nd, 2021 in barristers, disclosure, evidence, news, privilege, repossession, witnesses by sally

‘Counsel for a defendant in possession proceedings voluntarily disclosed a draft witness statement to her opposing number and in doing so waived privilege, the High Court has ruled.’

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Legal Futures, 22nd September 2021

Source: www.legalfutures.co.uk

The ‘shifting’ burden and the drawing of adverse inferences – 3PB

‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law:
(i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases, and
(ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’

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3PB, 9th August 2021

Source: www.3pb.co.uk