Category: witnesses

Children’s evidence and ABE interviews Children’s evidence – Family Law

Posted September 21st, 2017 in child abuse, children, disclosure, evidence, news, witnesses by sally

‘In Wolverhampton City Council v JA & Ors [2017] EWFC 62, Keehan J dealt with a care case which involved allegations of sexual abuse of two young girls. They were aged 13 (X) and 12 (Y) at the time of his judgment. The proceedings are continuing. There were a variety of allegations against the children’s father and two male friends of the mother dating back nearly ten years.’

Full Story

Family Law, 20th September 2017

Source: www.familylaw.co.uk

Czech slaves gang forced Plymouth victim to lie – BBC News

Posted September 13th, 2017 in evidence, forced labour, gangs, imprisonment, news, perverting the course of justice, sentencing, trials, witnesses by tracey

‘Four gang members have been jailed for forcing a slavery victim to withdraw evidence, causing a trial to collapse.’

Full Story

BBC News, 12th September 2017

Source: www.bbc.co.uk

Ann Maguire’s family lose legal challenge over inquest evidence – BBC News

Posted August 15th, 2017 in evidence, families, inquests, news, school children, witnesses by sally

‘The widower and children of a teacher murdered by a student have lost their legal challenge against a coroner’s decision not to call pupils as witnesses at a forthcoming inquest.’

Full Story

BBC News, 14th August 2017

Source: www.bbc.co.uk

Operation Sanctuary: Police say paying rapist ‘was right’ – BBC News

Posted August 10th, 2017 in gangs, informers, news, police, rape, sexual grooming, witnesses by tracey

‘A police chief has said paying a child rapist £10,000 as part of an investigation into a grooming gang was the “right thing”.’

Full Story

BBC News, 10th August 2017

Source: www.bbc.co.uk

18 people convicted after girls and young women groomed, drugged and raped in Newcastle – The Independent

Posted August 10th, 2017 in conspiracy, drug offences, gangs, incitement, news, prostitution, rape, sexual grooming, sexual offences, witnesses by tracey

‘Under-age girls and vulnerable young women were taken to parties in Newcastle and groomed with drugs before being raped and sexually abused, it can now be reported.’

Full Story

The Independent, 9th August 2017

Source: www.independent.co.uk

Janine Wolstenholme Reviews a Recent Case on Relief from Sanctions – Park Square Barristers

Posted July 5th, 2017 in adjournment, appeals, documents, evidence, judges, news, personal injuries, road traffic, sanctions, solicitors, striking out, witnesses by sally

‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’

Full Story

Park Square Barristers, 27th June 2017

Source: www.parksquarebarristers.co.uk

Strike out of Claim due to Solicitor’s failure to comply with Court Orders – Park Square Barristers

Posted July 5th, 2017 in adjournment, appeals, case management, civil procedure rules, documents, evidence, judges, news, sanctions, solicitors, striking out, witnesses by sally

‘In Reece Gladwin v Adrian Bogescu [2017] EWHC 1287 (QB) the Court was concerned with an appeal by the Defendant in a road traffic accident claim against a decision to grant the Claimant relief from sanctions, following late service of the Claimant’s witness evidence.’

Full Story

Park Square Barristers, 23rd June 2017

Source: www.parksquarebarristers.co.uk

Expert witnesses jailed in London after perjury on ‘industrial scale’ – The Guardian

Posted June 19th, 2017 in expert witnesses, news, perjury, perverting the course of justice, sentencing, witnesses by sally

‘Seven expert witnesses who fabricated evidence about the cost of replacement hire cars for motorists in road crashes have been jailed.’

Full Story

The Guardian, 16th June 2017

Source: www.theguardian.com

Cross examination of abused wife a ‘stain’ on justice system – judge – Law Society’s Gazette

Posted June 1st, 2017 in criminal justice, criminal procedure, cross-examination, domestic violence, news, victims, witnesses by sally

‘A High Court judge has said he will refuse to allow alleged domestic abusers to cross examine their victims in any future hearings he oversees.’

Full Story

Law Society's Gazette, 31st May 2017

Source: www.lawgazette.co.uk

‘Trojan Horse’: Cases against teachers dropped – BBC News

Posted May 31st, 2017 in disclosure, inquiries, Islam, news, professional conduct, teachers, witnesses by sally

‘The case against five senior teachers accused of professional misconduct in the so-called “Trojan Horse” inquiry has been dropped.’

Full Story

BBC News, 30th May 2017

Source: www.bbc.co.uk

Drawing the line: Experts, directions and the “ultimate issue” – Henderson Chambers

Posted May 16th, 2017 in appeals, expert witnesses, news, trials, witnesses by sally

‘How should a judge direct a jury where an expert witness has given their opinion on the “ultimate issue” to be decided in the case? The answer, the Court of Appeal has confirmed, is: carefully. In R v Sellu [2016] EWCA Crim 1716, the Court of Appeal overturned the conviction of the Appellant, a consultant surgeon, for gross negligence manslaughter on the grounds that the trial judge had failed to adequately direct the jury as to the meaning of gross negligence, in circumstances where expert witnesses had expressly given their view as to whether the conduct of the Appellant amounted to the same.’

Full story (PDF)

Henderson Chambers, 19th April 2017

Source: www.hendersonchambers.co.uk

Court of Appeal warns judges against interrupting witness evidence too much – Litigation Futures

Posted April 11th, 2017 in appeals, bias, cross-examination, evidence, judges, judiciary, news, professional conduct, witnesses by sally

‘The Chancellor of the High Court has urged judges to “temper eagerness with restraint” in the way they conduct trials, after a circuit judge was found to have made excessive interventions while witnesses were giving evidence.’

Full story

Litigation Futures, 10th April 2017

Source: www.litigationfutures.com

Video Link Evidence in the Commercial Court: Potential Pitfalls – Hardwicke Chambers

Posted April 5th, 2017 in diplomats, EC law, foreign jurisdictions, international law, international relations, live link evidence, news, practice directions, treaties, trials, witnesses by sally

‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’

Full story

Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Benjamin King inquest: ‘Insufficient evidence’ against hospital – BBC News

Posted March 21st, 2017 in children, evidence, hospitals, inquests, news, perverting the course of justice, witnesses by tracey

‘Claims that evidence at an inquest into a baby’s death was deliberately falsified will not be pursued by police due to insufficient evidence.’

Full story

BBC News, 20th March 2017

Source: www.bbc.co.uk

Justice reformer condemns digital criminal courts plan – Law Society’s Gazette

Posted March 16th, 2017 in bills, consultations, courts, criminal justice, guilty pleas, internet, news, victims, witnesses by tracey

‘Government plans for virtual court hearings and online guilty pleas for criminal offences are poorly costed, based on weak evidence and have not been subjected to proper consultation, a national justice charity says today.’

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Law Society’s Gazette, 15th March 2017

Source: www.lawgazette.co.uk

Reforms to cross-examination by alleged abusers in the Prisons and Courts Bill – Family Law Week

Posted March 8th, 2017 in cross-examination, domestic violence, judges, legislation, news, practice directions, trials, victims, witnesses by tracey

‘Mark Roscoe, barrister of The 36 Group, outlines the provisions which the Government proposes to insert into section 31 of the Matrimonial and Family Proceedings Act 1984.’

Full story

Family Law Week, 7th March 2017

Source: www.familylawweek.co.uk

A united approach – Counsel

Posted February 23rd, 2017 in barristers, children, cross-examination, news, witnesses, young persons by sally

‘HHJ Simon Drew QC and Lynda Gibbs explain why the pan-profession s 28 and ‘advocacy and the vulnerable’ training – being delivered to over 14,000 criminal advocates over the next two years – heralds a sea change.’

Full story

Counsel, March 2017

Source: www.counselmagazine.co.uk

IPCC advises separating police officers after fatal incidents – BBC News

Posted February 21st, 2017 in complaints, death in custody, news, police, witnesses by sally

‘Police officers directly involved in fatal incidents should be separated as quickly as possible to prevent conferring, a watchdog has said.’

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BBC News, 21st February 2017

Source: www.bbc.co.uk

Rape accusers ‘face court ordeal by defence lawyers’ – The Guardian

Posted February 6th, 2017 in bad character, bills, cross-examination, news, rape, sexual offences, trials, victims, witnesses by sally

‘Rape complainants are being routinely questioned in court about their sexual histories and even the way they were dressed on the night they were attacked, according to a damning dossier of case studies to be presented to MPs this week. The findings have triggered calls for the law to be tightened to protect complainants better.’

Full story

The Guardian, 4th February 2017

Source: www.guardian.co.uk

Speaking to Witnesses at Court – Crown Prosecution Service

Posted February 2nd, 2017 in courts, Crown Prosecution Service, press releases, victims, witnesses by tracey

‘More than nine out of 10 victims and witnesses are now satisfied with the support provided to them at court by the CPS, following the implementation of a ground-breaking initiative. Since April 2016, the CPS has been rolling out a new nationwide programme in which prosecution staff or advocates provide essential information to witnesses at court in order to assist them in giving their evidence. This rollout was completed across all courts last Autumn.’

Full press release

Crown Prosecution Service, 2nd February 2017

Source: www.cps.gov.uk