‘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
‘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.’
Litigation Futures, 19th November 2019
Source: www.litigationfutures.com
‘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.’
Law Society's Gazette, 14th November 2019
Source: www.lawgazette.co.uk
‘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.’
Daily Telegraph, 14th November 2019
Source: www.telegraph.co.uk
‘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.’
Litigation Futures, 11th November 2019
Source: www.litigationfutures.com
‘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.’
Courts and Tribunals Judiciary, 7th November 2019
Source: www.judiciary.ukwww.judiciary.ukwww.judiciary.uk
‘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.’
The Independent, 23rd October 2019
Source: www.independent.co.uk
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