‘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?’
Pump Court Chambers, 29th April 2020
Source: www.pumpcourtchambers.com
‘As many legal commentators including the author have noted recently: long, complex and detailed statements served particularly on behalf of lay witnesses, but written by their legal teams, can be more of a hindrance than of assistance. Straightforward cross-examinations of such witnesses will frequently prove effective in at the very least exciting the suspicion of a court as to the reliability of such lay evidence, or worse, in some cases causing questions to be asked as to their credibility when the inevitable rhetorical question is asked in closing as to whether such a person ever really could have had a reasonable belief in the veracity of what the statement contained.’
Hailsham Chambers, 27th March 2020
Source: www.hailshamchambers.com
‘The UK acted unlawfully by passing evidence to the US that could lead to the execution of two British members of an Islamic State murder squad.’
BBC News, 25th March 2020
Source: www.bbc.co.uk
‘A High Court judge who sat on the witness evidence working group has ordered witness statements in a case before him to be revised to remove inappropriate content.’
Litigation Futures, 24th March 2020
Source: www.litigationfutures.com
‘The current Commercial Court practice of readily granting applications seeking an extension of the 30-page limit for witness statements is to end, the judge in charge has said.’
Litigation Futures, 12th March 2020
Source: www.litigationfutures.com
‘The Commercial Court is cracking down on excessively long witness statements, introducing a new set of rules for documents more than 30 pages long.’
Law Society's Gazette, 11th March 2020
Source: www.lawgazette.co.uk
‘Witnesses from firms called to the Grenfell inquiry have won their fight for immunity from prosecution for their evidence, despite a lawyer for the victims describing the idea as “abhorrent”.’
Attorney General’s undertaking
The Independent, 26th February 2020
Source: www.independent.co.uk
‘The Civil Justice Council has proposed rule changes that would further ensure that all civil judges, parties and advocates consider vulnerability of people involved in civil proceedings.’
Local Government Lawyer, 24th February 2020
Source: www.localgovernmentlawyer.co.uk
‘The Civil Justice Council (CJC) has set out detailed changes it believes should be made to the Civil Procedure Rules to help vulnerable parties and witnesses, including an amended overriding objective.’
Litigation Futures, 25th February 2020
Source: www.litigationfutures.com
‘On 18 December 2019, Her Honour Judge Melissa Clarke, the Designated Civil Judge sitting at Oxford Combined Court, handed down judgment in Docherty v Oxford University Hospitals NHS Trust (Unreported, 25, 26 & 27 November 2019). This was a clinical negligence claim in which the Claimant made various allegations in respect of her immediate post-natal care which led to her sustaining a serious ankle injury when she fainted due to anaemia caused by blood lost during an instrumental delivery the previous morning.’
Hailsham Chambers, 13th February 2020
Source: www.hailshamchambers.com
‘This article explores the approach a court should take in relation to vulnerable witnesses, in particular those that have experienced domestic abuse. The recent case of H v F [2020] EWHC 86 (Fam) demonstrates that a case will be successful on appeal if the correct procedures are not complied with.’
Becket Chambers, 3rd February 2020
Source: becket-chambers.co.uk
‘A judgment was released earlier this week in the recent case EF, GH, IJ (care proceedings) [2019] EWFC which has highlighted a continuing failure of ABE interviewers failing to adhere to the guidance. It’s no surprise that extra care needs to be taken when conducting an interview with a child, after all Children are often poor historians, and many are suggestible: Re B (Allegation of Sexual Abuse: Child’s Evidence) [2006] 2 FLR 1071.’
Pallant Chambers, 27th January 2020
Source: www.pallantchambers.co.uk
‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’
Daily Telegraph, 28th January 2020
Source: www.telegraph.co.uk
‘Prince Andrew is coming under pressure to speak to investigators in the US about the late sex offender Jeffrey Epstein after claims he is not co-operating with the inquiry.’
BBC News, 28th January 2020
Source: www.bbc.co.uk
‘In the landmark decision in Jet2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858, the Court of Appeal (Sir Terence Etherton MR, Hamblen and Flaux LJJ) confirmed that the High Court has jurisdiction to commit for contempt of court in respect of false witness statements made under a pre-action protocol (PAP) even though proceedings were never issued.’
Law Society's Gazette, 13th January 2020
Source: www.lawgazette.co.uk
‘The Solicitors Disciplinary Tribunal (SDT) has savaged two witnesses who gave evidence on behalf of the Solicitors Regulation Authority (SRA) against a Yorkshire sole practitioner.’
Legal Futures, 12th December 2019
Source: www.legalfutures.co.uk
‘”Modest” proposals to standardise witness statements and improve compliance with the rules have been endorsed in principle by the Business and Property Courts (BPC); the specialist courts of the High Court of England and Wales.’
OUT-LAW.com, 12th December 2019
Source: www.pinsentmasons.com
‘Witness statements are “over-lawyered” and too long and argumentative, a Commercial Court working group has found, but it has shied away from recommending radical reform.’
Litigation Futures, 9th December 2019
Source: www.litigationfutures.com
‘Natalie Cross summarises important guidance on the approach to be taken to vulnerable witnesses and parties in the Family Courts.’
Local Government Lawyer, 22nd November 2019
Source: www.localgovernmentlawyer.co.uk
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