‘It is not the role of the courts to subject “uncontroverted” expert reports to “the same kind of analysis and critique as if it was evaluating a controverted or contested report”, the High Court has ruled.’
Litigation Futures, 25th August 2020
Source: www.litigationfutures.com
‘There is, generally, a right to cross-examine. It was established in the 1992 rules, and is present in the same form in r 16(5) of the 2000 Rules:
“A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and any statutory party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (9), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.” ’
No. 5 Chambers, 21st July 2020
Source: www.no5.com
‘Despite being a libel case, Depp v News Group Newspapers Ltd & Another felt more like a criminal trial at the Old Bailey, or a domestic violence hearing in the family courts.’
The Guardian, 28th July 2020
Source: www.theguardian.com
‘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?’
OUP Blog, 7th July 2020
Source: blog.oup.com
‘Builders behind the disastrous Grenfell Tower refurbishment are finally set to face public questioning over the June 2017 fire that killed 72 people, as the delayed public inquiry resumes on Monday with strict social distancing rules that have angered the bereaved.’
The Guardian, 6th July 2020
Source: www.theguardian.com
‘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.’
The Guardian, 4th July 2020
Source: www.theguardian.com
‘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.’
Litigation Futures, 25th June 2020
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
‘The first domestic abuse commissioner for England and Wales is “relieved” the prime minister has pledged to re-introduce a new law on the issue.’
BBC News, 18th September 2019
Source: www.bbc.co.uk
‘On 27 June 2019 in the English High Court in Kazakhstan Kagazy Plc & 5 Others v Baglan Abdullayevich Zhunus & Others [2019] EWHC 1693 (Comm) 2019 WL 02746548; the High Court re-examined the principles on which a Defendant can be cross-examined on their assets where there had been a disclosure order pursuant to a worldwide freezing order (‘WFO’).’
No. 5 Chambers, 1st August 2019
Source: www.no5.com
‘The government’s landmark Domestic Abuse Bill will be introduced in Parliament today, signalling a major step forward in transforming the response to this crime.’
Home Office, 16th July 2019
Source: www.gov.uk/home-office
‘A judge who repeatedly fell asleep during a case has prompted an appeal court to overturn his verdict.’
Daily Telegraph, 4th June 2019
Source: www.telegraph.co.uk
‘A 13-year-old witness struggled to recall information in detail when cross-examined in court after waiting two years for the trial to begin, according to research commissioned by the NSPCC, which says child witnesses are being let down by the criminal justice system.’
Law Society's Gazette, 27th February 2019
Source: www.lawgazette.co.uk
‘Hannah Gomersall, barrister at Coram Chambers, explores the proposed reforms set out in the government’s Domestic Abuse Bill: its scope, workability and whether the Family Court will be able to cope with the ensuing workload.’
Family Law Week, 7th February 2019
Source: www.familylawweek.co.uk
‘A women’s rights campaigner has said she feels “victimised all over again” after the House of Lords voted to block the suspension of a Liberal Democrat peer who was found to have promised to make her a baroness if she agreed to sleep with him.’
The Guardian, 15th November 2018
Source: www.theguardian.com
‘Should a court allow a potential perpetrator of domestic abuse, when they are acting in person, to cross-examine their alleged victim? Does this run the risk of the proceedings themselves being abusive? Or will it unfairly curtail the ability of the accused to put their case? If the court does not allow direct cross-examination, how should it proceed?’
Family Law, 30th October 2018
Source: www.familylaw.co.uk
‘The case of M v F and others [2018] EWHC 1720 (Fam) is a reminder that the main issues in the case should be identified and addressed as early as possible in proceedings. Brendan Roche, barrister, of Seven Bedford Row, highlights the procedural issues that arose because the father was a litigant in person, including whether he could cross-examine the mother.’
Family Law, 14th August 2018
Source: www.familylaw.co.uk
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