Category: witnesses

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

Posted October 5th, 2020 in civil justice, coronavirus, costs, courts, criminal justice, cross-examination, judges, news, oral hearings, remote hearings, trials, witnesses by tracey

‘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.” ‘

Full Story

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

Posted August 7th, 2020 in contempt of court, disciplinary procedures, internet, judges, law firms, news, remote hearings, Solicitors Regulation Authority, trials, video recordings, witnesses by sally

‘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.’

Full Story

Law Society's Gazette, 7th August 2020

Source: www.lawgazette.co.uk

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

Posted August 7th, 2020 in contempt of court, disciplinary procedures, internet, judges, law firms, news, remote hearings, Solicitors Regulation Authority, trials, video recordings, witnesses by sally

‘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.’

Full Story

Legal Futures, 7th August 2020

Source: www.legalfutures.co.uk

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

Posted July 13th, 2020 in appeals, chambers articles, disclosure, evidence, news, sexual offences, telecommunications, victims, witnesses by sally

‘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.’

Full Story

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

Posted July 8th, 2020 in chambers articles, coronavirus, courts, employment, evidence, news, statutory interpretation, witnesses by sally

‘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”.’

Full Story

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?’

Full Story

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

Posted July 6th, 2020 in cross-examination, defamation, disclosure, domestic violence, evidence, news, witnesses by sally

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

Family Law Week, 29th June 2020

Source: www.familylawweek.co.uk

Assume hearings are going to be remote, says judge – Litigation Futures

Posted July 1st, 2020 in coronavirus, cross-examination, legal representation, local government, news, remote hearings, witnesses by sally

‘Parties should assume hearings will be held remotely at the moment and explain why it would not be just to do so if they want one in person, a High Court judge has ruled.’

Full Story

Litigation Futures, 25th June 2020

Source: www.litigationfutures.com

Obligations in relation to electronic records and devices: fresh guidance from the Court of Appeal (Criminal Division) – Park Square Barristers

Posted June 29th, 2020 in appeals, chambers articles, data protection, disclosure, electronic mail, news, privacy, witnesses by sally

‘Two otherwise unrelated cases were listed together to provide the Court of Appeal (Criminal Division), headed by the Vice – President Lord Justice Fulford, with an opportunity to consider various issues relating to the retention, inspection, copying, disclosure and deletion of the electronic records held by prosecution witnesses.’

Full Story

Park Square Barristers, 26th June 2020

Source: www.parksquarebarristers.co.uk

Police in England and Wales taking ‘excessive personal data’ from mobile phones – The Guardian

Posted June 18th, 2020 in consent, data protection, news, police, privacy, reports, telecommunications, victims, witnesses by sally

‘Police are extracting “excessive amounts of personal data” from the mobile phones of victims and witnesses during investigations and are in danger of discouraging the public from reporting crime, the Information Commissioner’s Office (ICO) has warned.’

Full Story

The Guardian, 18th June 2020

Source: www.theguardian.com

Vulnerable parties and witnesses in employment tribunal proceedings – 12 King’s Bench Walk

Posted June 17th, 2020 in case management, chambers articles, employment, employment tribunals, news, witnesses by sally

‘The first Presidential Guidance on vulnerable parties and witnesses in employment tribunal proceedings was issued this April. Key parts of the guidance deal with (i) identifying when a participant is vulnerable, and (ii) case management: directions and orders.’

Full Story

12 King's Bench Walk, 9th June 2020

Source: www.12kbw.co.uk

Giving evidence is not ‘work’ for furloughed employee – Litigation Futures

Posted June 11th, 2020 in adjournment, coronavirus, employment, news, witnesses by sally

‘Giving evidence at court is not “work” for an employee and so being on furlough is not a reason for their employer to seek to vacate a hearing, the designated civil judge in Nottingham has ruled.’

Full Story

Litigation Futures, 11th June 2020

Source: www.litigationfutures.com

Remote hearings “can deal with credibility issues” – Legal Futures

Posted June 4th, 2020 in evidence, live link evidence, news, remote hearings, select committees, witnesses by sally

‘People should not presume that remote hearings cannot be used for cases where the credibility of witnesses is at stake, the IT adviser to the Lord Chief Justice has said.’

Full Story

Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Guildford pub bombings inquest can access closed files – BBC News

Posted May 21st, 2020 in disclosure, documents, explosives, inquests, news, terrorism, witnesses by sally

‘The resumed inquest into the Guildford pub bombs in 1974 will have access to more than 700 classified files, a pre-inquest review (PIR) has been told.’

Full Story

BBC News, 20th May 2020

Source: www.bbc.co.uk

ABE 2016/19 has gone AWOL – Counsel

Posted May 20th, 2020 in codes of practice, criminal justice, evidence, forced labour, news, sexual offences, trafficking in human beings, victims, witnesses by sally

‘Shortcomings and legal anachronisms: how can we achieve best evidence if current guidance is dangerously out of date on the law on special measures? asks Laura Hoyano.’

Full Story

Counsel, May 2020

Source: www.counselmagazine.co.uk

Depp v Denton: Hollywood star pleads for relief from sanctions – Law Society’s Gazette

Posted May 19th, 2020 in defamation, news, sanctions, time limits, witnesses by sally

‘Hollywood superstar Johnny Depp came up against the nuances of civil procedure rules yesterday after he asked for permission to call extra witnesses to his libel trial.’

Full Story

Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

Remote Hearings and Witness Evidence – Pump Court Chambers

Posted May 12th, 2020 in chambers articles, evidence, news, remote hearings, witnesses by sally

‘Remote hearings come with particular difficulties. One obvious difficulty is that the parties cannot see each other as well as they might in the courtroom. But how much of a problem is this?’

Full Story

Pump Court Chambers, 29th April 2020

Source: www.pumpcourtchambers.com

Warning over fall-out from witness statement crackdown – Litigation Futures

Posted April 15th, 2020 in barristers, costs, drafting, negligence, news, pre-action conduct, professional conduct, solicitors, witnesses by sally

‘A judicial crackdown on overlong witness statements puts lawyers at risk of wasted costs orders and professional negligence claims, a barrister has warned.’

Full Story

Litigation Futures, 9th April 2020

Source: www.litigationfutures.com