witnesses – Page 17 – Current Awareness

Beyond the veil: What happened after Rebekah Dawson refused to take her niqab off in court – The Independent

Posted April 8th, 2014 in freedom of expression, intimidation, Islam, news, terrorism, trials, witnesses by sally

‘If your memory is sufficiently jogged, you may recall the recent case of a female defendant who refused to remove her full-face veil in court. It prompted a predictable outbreak of public indignation and liberal soul-searching. The question boiled down to this: could, or should, an English court accommodate a woman who hid her face, citing religious precepts, in a country where the face and facial expression are regarded as key to identity?’

The Independent, 7th April 2014

Source: www.independent.co.uk

Attorney general resists call to protect witnesses from court cross-examination – The Guardian

Posted April 8th, 2014 in attorney general, children, cross-examination, judiciary, news, trials, witnesses by sally

‘Dominic Grieve QC, the attorney general, has resisted calls for young and vulnerable witnesses to be cross-examined by a judge rather than several barristers to avoid aggressive courtroom questioning .’

The Guardian, 7th April 2014

Source: www.guardian.co.uk

A voice for victims of crime – The Guardian

Posted April 7th, 2014 in child abuse, criminal justice, criminal procedure, cross-examination, news, sexual offences, trials, victims, violence, witnesses by sally

‘Justice isn’t just about sentencing: it’s about encouraging victims to come forward in the first place. Labour’s planned law will help. By Keir Starmer.’

The Guardian, 6th April 2014

Source: www.guardian.co.uk

Vulnerable witness reforms proposed by Keir Starmer in new ‘victims’ law’ – BBC News

Posted April 7th, 2014 in child abuse, criminal justice, criminal procedure, cross-examination, news, sexual offences, trials, victims, violence, witnesses by sally

‘Radical changes to the way vulnerable witnesses are treated in court are being considered by the Labour Party.’

BBC News, 7th April 2014

Source: www.bbc.co.uk

Change is long overdue for victims of crime – The Guardian

Posted April 2nd, 2014 in criminal justice, criminal procedure, cross-examination, news, police, sexual offences, suicide, victims, witnesses by sally

‘The court process can be traumatic for accusers like Tracy Shelvey. Will a proposed victims’ law make it fit for purpose?’

The Guardian, 2nd April 2014

Source: www.guardian.co.uk

Second bites at the cherry, defective witness statements and sanction: a practical view from the Bar – Littleton Chambers

Posted March 10th, 2014 in costs, electronic filing, electronic mail, expert witnesses, judgments, news, stay of proceedings, witnesses by sally

‘In his monthly column, James Bickford Smith discusses the Court of Appeal’s recent guidance on communications with judges after draft judgments are circulated, some interesting judicial
observations on defective witness statements, and the Commercial Court’s important relief from
sanctions decision in Re C (A Child) [2014] EWCA Civ 70.’

Littleton Chambers, 7th March 2014

Source: www.littletonchambers.com

Outcry after judge imprisons child sex victim for 20 hours – Daily Telegraph

Posted March 5th, 2014 in children, detention, news, sexual grooming, sexual offences, witnesses by sally

‘A teenage victim of sexual abuse was locked up in police cells overnight after she refused to give evidence in court against her attacker’

Daily Telegraph, 5th March 2014

Source: www.telegraph.co.uk

PC Keith Blakelock trial: witnesses given immunity from prosecution – The Guardian

Posted March 4th, 2014 in immunity, murder, news, police, violent disorder, witnesses by sally

‘Witnesses against a man charged with being part of a mob that hacked a police officer to death almost 30 years ago themselves took part in the attack and have been given immunity from prosecution, a jury has heard.’

The Guardian, 3rd March 2014

Source: www.guardian.co.uk

Revealed: How the CPS betrays victims of crime – numbers of witness protection staff falls by 57% in just three years – The Independent

Posted February 25th, 2014 in Crown Prosecution Service, news, reports, victims, witnesses by sally

‘The Crown Prosecution Service has cut the number of staff it employs to look after witnesses – some of whom are victims of crime – by more than half in just three years, an investigation has revealed.’

The Independent, 24th February 2014

Source: www.independent.co.uk

Can a solicitor be personally liable to pay costs? – Halsbury’s Law Exchange

Posted February 3rd, 2014 in Administrative Court, appeals, costs, fraud, news, solicitors, witnesses by tracey

‘The possibility that a firm of litigation solicitors, despite acting properly for a client in advancing their interests, could nonetheless end up being held liable to pay a huge costs order, is unsurprisingly something that would sound alarm bells across the profession. This is a possibility that was raised in DLA Piper UK LLP v BDO LLP (the major firm of City solicitors versus a major firm of accountants).’

Halsbury’s Law Exchange, 31st January 2014

Source: www.halsburyslawexchange.co.uk

Company barred from giving evidence in court due to “substantial delay” in providing witness statements – OUT-LAW.com

Posted January 29th, 2014 in civil procedure rules, confidentiality, courts, delay, evidence, news, time limits, witnesses by sally

‘Civil court litigants must comply with court orders or “face the consequences”, an expert has said, after the High Court barred a company from giving evidence about a particular issue at trial after it failed to exchange witness statements within a reasonable time.’

OUT-LAW.com, 28th January 2014

Source: www.out-law.com

Childhood memories can be deceptive – Daily Telegraph

Posted January 28th, 2014 in children, news, witnesses by sally

‘The brain may fill in gaps when it cannot remember details from childhood, according to study which could have important implications for court cases.’

Daily Telegraph, 28th January 2014

Source: www.telegraph.co.uk

Sixty victims of loan sharks in witness protection – The Guardian

Posted January 27th, 2014 in enforcement, interest, intimidation, loans, news, threatening behaviour, victims, witnesses by sally

‘Sixty victims of loan sharks are in witness protection, according to the country’s leading official tasked with breaking the cycle of fear, intimidation and violence trapping families who have borrowed money from illegal lenders.’

The Guardian, 24th January 2014

Source: www.guardian.co.uk

Court’s permission needed to extend time for service of witness statements – Hardwicke Chambers

Posted January 22nd, 2014 in agreements, civil procedure rules, courts, news, service, time limits, witnesses by sally

‘In almost every litigated case the parties usually find themselves needing to vary the dates of some directions. This can be done by way of written agreement between the parties and is allowed by CPR 2.11.’

Hardwicke Chambers, 22nd January 2014

Source: www.hardwicke.co.uk

DLA Piper UK LLP v BDO LLP – WLR Daily

Posted January 14th, 2014 in costs, criminal procedure, law reports, third parties, witnesses by tracey

DLA Piper UK LLP v BDO LLP [2013] EWHC 3970 (Admin); [2013] WLR (D) 515

‘Where a person had attended court and successfully resisted being made subject to a witness summons under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 the only basis for the Crown Court ordering costs against the solicitor of the party seeking the summons would be that for which statute provided, namely, a wasted costs order under section 19A of the Prosecution of Offences Act 1985.’

WLR Daily, 13th January 2014

Source: www.iclr.co.uk

MacLennan v Morgan Sindall (Infrastructure) plc – WLR Daily

Posted January 9th, 2014 in civil procedure rules, evidence, law reports, news, witnesses by sally

MacLennan v Morgan Sindall (Infrastructure) plc [2013] EWHC 4044 (QB); [2013] WLR (D) 509

‘The power to prohibit the calling of witnesses under CPR r 32.2(3) sat towards the more extreme end of the court’s powers and was a power to be considered after less intrusive measures had been considered and rejected.’

WLR Daily, 17th December 2013

Source: www.iclr.co.uk

Nigella Lawson: not a victim of the criminal justice system – Halsbury’s Law Exchange

Posted January 7th, 2014 in bad character, cross-examination, fraud, news, victims, witnesses by sally

‘Nigella Lawson is a victim of domestic violence, but she is not a victim of the criminal justice system.’

Halsbury’s Law Exchange, 7th January 2014

Source: www.halsburyslawexchange.co.uk

High Court refuses relief after bid to serve late witness statement but issues “note of caution” – Litigation Futures

Posted December 19th, 2013 in civil procedure rules, news, time limits, witnesses by tracey

‘The High Court has issued guidance on how to serve late witness statements in certain circumstances without falling foul of the Mitchell ruling, after refusing relief from sanction when a party tried to do just that on the first day of trial.’

Litigtation Futures, 19th December 2013

Source: www.litigationfutures.com

Court of Appeal cites Mitchell to refuse relief – Law Society’s Gazette

Posted December 19th, 2013 in appeals, case management, costs, news, police, time limits, witnesses by tracey

‘The Court of Appeal has cited the landmark Mitchell costs case for the first time to reject a defendant’s plea for relief from sanctions.’

Law Society’s Gazette, 18th December 2013

Source: www.lawgazette.co.uk

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