Category: cross-examination

Procedural challenges in a fact-finding hearing in wardship proceedings – Family Law

Posted August 15th, 2018 in cross-examination, domestic violence, litigants in person, news, wardship by sally

‘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.’

Full Story

Family Law, 14th August 2018

Source: www.familylaw.co.uk

Judge takes over father’s cross-examination in case involving rape allegations – and it ends up being unfair on everyone involved – Transparency Project

Posted July 31st, 2018 in appeals, cross-examination, judges, litigants in person, news, rape, witnesses by sally

‘Mr Justice Hayden is a High Court Judge who has been very outspoken about the potential for the court process to be abusive of those who are already victims of domestic abuse. In a case called Re A (a minor) (fact finding; unrepresented party) [2017] EWHC 1195 (Fam), having permitted the unrepresented father to directly question the mother (albeit with special measures in place so they didn’t have to confront each other by line of sight) he memorably said ‘Never again’. Hayden J said it was ‘a stain on the reputation of our Family Justice system that a Judge can still not prevent a victim being cross examined by an alleged perpetrator’. Today he has published an appeal judgment overturning a fact-finding decision in a case where another judge tried to cross examine the mother on behalf of the father accused of rape because (Hayden J said) the process was unfair and the decision unsound. The full judgment can be read here : PS v BP [2018] EWHC 1987 (Fam) (27 July 2018), but this blog post explains it.’

Full Story

Transparency Project, 30th July 2018

Source: www.transparencyproject.org.uk

Speech by Sir James Munby, President of the Family Division: Because it is the right thing to do – Courts and Tribunals Judiciary

Posted July 25th, 2018 in children, cross-examination, family courts, speeches, witnesses by tracey

‘Speech by Sir James Munby, President of the Family Division: Because it is the right thing to do.’

Full speech

Courts and Tribunals Judiciary, 24th July 2018

Source: www.judiciary.uk

The risks to litigants in person when cross-examining psychologist expert witnesses – Family Law

Posted June 26th, 2018 in cross-examination, expert witnesses, news, psychiatrists by sally

‘Many psychologist expert witnesses, from professional bodies (British Psychological Society) to more informal expert witness networks, have raised concerns about the impact of this practice. The concerns fall into three main areas: the potential harm of conducting such a cross-examination to the litigants in person (LiPs) in question; potential breaches of ethical conduct for the psychologist expert; and the potential impact on the quality of the evidence. This paper hopes to set out these issues and invites discussion as to potential guidance and remedy.’

Full Story

Family Law, 28th June 2018

Source: www.familylaw.co.uk

Domestic abusers still able to cross-examine victims in court – The Guardian

Posted May 30th, 2018 in cross-examination, domestic violence, litigants in person, news, reports, victims by sally

‘Victims of domestic violence continue to be cross-examined by their abusers in family courts more than a year after the government promised to stop such ordeals, a report has found.’

Full Story

The Guardian, 30th May 2018

Source: www.theguardian.com

Speech by Sir James Munby: Changing families – family law yesterday, today and tomorrow – a view from south of the Border – Courts and Tribunals Judiciary

Posted March 23rd, 2018 in cross-examination, divorce, domestic violence, families, family courts, homosexuality, legal history, speeches by tracey

‘Speech by Sir James Munby: Changing families – family law yesterday, today and tomorrow – a view from south of the Border.’

Full speech

Courts and Tribunals Judiciary, 21st March 2018

Source: www.judiciary.gov.uk

Helping child witnesses: ‘One girl gave evidence with a hamster on her lap’ – The Guardian

Posted February 19th, 2018 in children, courts, criminal justice, cross-examination, news, sexual offences, trials, witnesses by sally

‘They might be victims of rape, or witnesses to murder. But can they really be relied upon to tell the truth at trial?’

Full Story

The Guardian, 17th February 2018

Source: www.theguardian.com

The challenge of expert evidence – Counsel

Posted February 12th, 2018 in cross-examination, evidence, expert witnesses, news by tracey

‘Avoid the pitfalls of probabilistic reasoning and examine expert evidence with more confidence: Colin McCaul QC introduces new guidance from the Inns of Court College of Advocacy and the Royal Statistical Society.’

Full Story

Counsel, February 2018

Source: www.counselmagazine.co.uk

UK rape complainants ‘face unfair questions about sexual history’ – The Guardian

Posted January 29th, 2018 in criminal procedure, cross-examination, evidence, news, rape by sally

‘Complainants in rape cases are being subjected to invasive and unfair questioning about their sexual history, according to a cross-party campaign supporting tighter restrictions on cross-examination in trials.’

Full Story

The Guardian, 29th January 2018

Source: www.theguardian.com

MoJ rejects calls for ban on revealing sexual history in rape cases – The Guardian

Posted December 15th, 2017 in cross-examination, disclosure, evidence, news, rape by tracey

‘The Ministry of Justice has rejected calls for a ban on rape complainants’ sexual history being revealed in court, saying cross-examination should continue to be allowed in exceptional circumstances.’

Full Story

The Guardian, 14th December 2017

Source: www.theguardian.com

Crown Prosecution Service – Family Law

Posted September 7th, 2017 in appeals, case management, cross-examination, domestic violence, judges, litigants in person, news by tracey

‘In D (Appeal: Failure of Case Management) [2017] EWHC 1907 (Fam) the Court of Appeal recently considered the mother’s application for an appeal which raised issues about judicial case management and in particular the court’s approach to the cross examination of an alleged victim by an alleged abuser.’

Full Story

Family Law, 7th September 2017

Source: www.familylaw.co.uk

Privy Council: ‘fairness’ central to whether evidence must be put to party at trial – OUT-LAW.com

Posted August 21st, 2017 in cohabitation, cross-examination, evidence, news, Privy Council, shareholders by sally

‘The question of whether a case will fall if a judge rejects a party’s evidence on grounds which that party has not had a chance to explain during the trial should be based on whether the overall trial is fair, senior UK judges have indicated.’

Full Story

OUT-LAW.com, 18th August 2017

Source: www.out-law.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

Top QC implied sex assault victim ‘bore responsibility’ – Law Society’s Gazette

Posted May 17th, 2017 in barristers, cross-examination, disciplinary procedures, news, sexual offences, victims by sally

‘A senior silk has been reprimanded after a disciplinary tribunal found that he implied that a woman who was sexually assaulted by her stepfather bore responsibility for the attack.’

Full story

Law Society’s Gazette, 16th May 2017

Source: www.lawgazette.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

Rape victims to be spared ordeal of cross-examination in court – The Guardian

Posted March 20th, 2017 in cross-examination, news, rape, sexual offences, trials, victims, video recordings by tracey

‘New measures to spare alleged rape victims from facing live cross-examination in court will be rolled out as part of changes being made by the justice secretary.’

Full story

The Guardian, 19th March 2017

Source: www.guardian.co.uk

Greater protection for rape victims and children at risk of grooming – Ministry of Justice

Posted March 20th, 2017 in bills, children, cross-examination, Ministry of Justice, pilot schemes, press releases, rape, sexual offences, trials, victims, video recordings by tracey

‘New offence of sexual communication with a child will be introduced, and measures to support victims of sex crimes accelerated.’

Full press release

Ministry of Justice, 19th March 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

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

Violent abusers to be prevented from cross-examining ex-partners in court – The Guardian

Posted February 13th, 2017 in bills, cross-examination, domestic violence, evidence, family courts, legal representation, Ministry of Justice, news, rape, trials, victims, video recordings, women by sally

‘Domestic violence victims will no longer face the threat of being interrogated by their former partners in court under proposed legislation.’

Full story

The Guardian, 12th February 2017

Source: www.guardian.co.uk