Extinction Rebellion activists cleared after arresting officer books holiday during trial – Daily Telegraph

‘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.’

Full Story

Daily Telegraph, 28th January 2020

Source: www.telegraph.co.uk

Can Prince Andrew be forced to testify? – BBC News

‘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.’

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BBC News, 28th January 2020

Source: www.bbc.co.uk

Contempt and pre-action conduct – Law Society’s Gazette

‘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.’

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Law Society's Gazette, 13th January 2020

Source: www.lawgazette.co.uk

Tribunal savages SRA witnesses as prosecution left in tatters – Legal Futures

‘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.’

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Legal Futures, 12th December 2019

Source: www.legalfutures.co.uk

Reforms to English civil court witness statements to proceed – OUT-LAW.com

Posted December 12th, 2019 in drafting, evidence, news, witnesses by tracey

‘”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.’

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OUT-LAW.com, 12th December 2019

Source: www.pinsentmasons.com

“Over-lawyered” witness statements set for limited reform – Litigation Futures

Posted December 9th, 2019 in consultations, evidence, legal profession, news, statistics, witnesses by sally

‘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.’

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Litigation Futures, 9th December 2019

Source: www.litigationfutures.com

Vulnerable witnesses and parties in the Family Courts – Local Government Lawyer

Posted November 22nd, 2019 in children, disabled persons, family courts, mental health, news, witnesses by tracey

‘Natalie Cross summarises important guidance on the approach to be taken to vulnerable witnesses and parties in the Family Courts.’

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Local Government Lawyer, 22nd November 2019

Source: www.localgovernmentlawyer.co.uk

Solicitors urged to shorten their own witness statements – Litigation Futures

Posted November 19th, 2019 in case management, documents, news, solicitors, witnesses by sally

‘A High Court master has urged solicitors providing witness statements to cut back on the unnecessary detail, stressing that they are not the same as those given by lay witnesses.’

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Litigation Futures, 19th November 2019

Source: www.litigationfutures.com

Appeal court allows contempt proceedings based on pre-action witness statements – Law Society’s Gazette

‘The Court of Appeal has allowed a holiday company to bring contempt proceedings against two holiday-makers based on statements made before proceedings were even issued.’

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Law Society's Gazette, 14th November 2019

Source: www.lawgazette.co.uk

Former minister’s son branded ‘manipulative’ as he is jailed for seven years for killing toddler with car seat – Daily Telegraph

‘A former minister’s son has been branded “manipulative and cunning” as he was jailed for seven years for killing a three-year-old with a car seat.’

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Daily Telegraph, 14th November 2019

Source: www.telegraph.co.uk

PAP witness statements “can be grounds for contempt” – Litigation Futures

Posted November 12th, 2019 in civil procedure rules, contempt of court, news, pre-action conduct, witnesses by sally

‘A witness statement verified by a statement of truth made by a prospective claimant before the commencement of proceedings can give rise to contempt, the Court of Appeal has ruled.’

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Litigation Futures, 11th November 2019

Source: www.litigationfutures.com

BBC Radio 4 – Law in Action: ‘Magistracy: a jewel in the crown of justice’ – Courts and Tribunals Judiciary

Posted November 7th, 2019 in cross-examination, Crown Court, magistrates, press releases, witnesses by tracey

‘Joshua Rozenberg from BBC Radio 4 spoke with Maidstone Bench Chair Gill Fryzer and John Bache from the Magistrates Association for his Law in Action programme.’

Full press release

Courts and Tribunals Judiciary, 7th November 2019

Source: www.judiciary.ukwww.judiciary.ukwww.judiciary.uk

Child sex abuse survivors ‘traumatised again’ by facing attackers in court buildings before hearings – The Independent

‘Survivors of childhood sexual abuse are forced to come face-to-face with their tormentors in court buildings while waiting for cases to be heard, a report has revealed.
Such shocks are among a host of failings by authorities and advisers that are regularly leaving people “at risk of being traumatised all over again” and feeling “discarded” by the justice system.’

Full Story

The Independent, 23rd October 2019

Source: www.independent.co.uk

Law Society speech by Chancellor of the High Court, Sir Geoffrey Vos: Civil Procedure Rules – Courts and Tribunals Judiciary

Posted October 18th, 2019 in case management, civil procedure rules, speeches, witnesses by tracey

‘The Chancellor of the High Court, Sir Geoffrey Vos, spoke at the Law Society’s annual Civil Litigation conference on 9 October 2019 about 20 years of the Civil Procedure Rules – and whether the original reforms went too far, or not far enough.’

Full speech

Courts and Tribunals Judiciary, 15th October 2019

Source: www.judiciary.uk

Push for tougher line on witness statements – Law Society’s Gazette

Posted October 18th, 2019 in drafting, evidence, news, reports, witnesses by tracey

‘Initial proposals for the reform of witness statements are due to be considered by the senior judiciary in November, a High Court judge said this week. Mr Justice Baker, a member of the Witness Evidence Working Group, told delegates at the Law Society’s Commercial Litigation Conference on Tuesday that the group has now completed its report, which is due to be considered by judges at a “higher pay grade” next month.’

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Law Society's Gazette, 18th October 2019

Source: www.lawgazette.co.uk

Rotherham child sex abuse: Waseem Khaliq jailed for further 45 months – BBC News

Posted September 17th, 2019 in child abuse, children, intimidation, news, sentencing, sexual offences, witnesses by tracey

‘A man jailed for 10 years for abusing young girls in Rotherham has also been sentenced to another three years and nine months in prison for witness intimidation.’

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BBC News, 16th September 2019

Source: www.bbc.co.uk

Homophobic hate crime charges fall despite soaring reports – BBC News

‘Fewer people are being prosecuted for homophobic hate crimes despite rising numbers of potential victims coming forward, figures suggest.’

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BBC News, 11th September 2019

Source: www.bbc.co.uk

Consultation paper launched – Vulnerable witnesses and parties – Courts and Tribunals Judiciary

Posted September 5th, 2019 in case management, civil procedure rules, consultations, victims, witnesses by tracey

‘Consultation paper launched – Vulnerable witnesses and parties.’

Full consultation

Courts and Tribunals Judiciary, 3rd September 2019

Source: www.judiciary.uk

Judge issues warning to solicitors providing secondary evidence – Law Society’s Gazette

Posted August 8th, 2019 in civil procedure rules, evidence, news, solicitors, witnesses by tracey

‘A High Court judge has stressed that witness statements from litigants’ solicitors will be disregarded if they appear to be irrelevant or badly sourced.’

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Law Society's Gazette, 7th August 2019

Source: www.lawgazette.co.uk

How helpful is witness evidence anyway? The impact (or not) of evidence from a third party in loss of chance cases – Hardwicke Chambers

‘A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree something different to the agreement the client had envisaged. What difference does the error make to the outcome and how should this translate into damages? Does the analysis change where the third party gives evidence and is adamant that the error made no difference to the outcome? These questions arose in Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2). Against the background of the Commercial Court’s consultation on witness statements, this case offers an illustration of witnesses’ diminished role.’

Full Story

Hardwicke Chambers, 21st June 2019

Source: hardwicke.co.uk