‘There have been three recent cases that each provide some developments on the law relating to witness evidence that will be useful for practitioners in judicial review proceedings, writes Charles Bishop.’
Local Government Lawyer, 5th January 2024
Source: www.localgovernmentlawyer.co.uk
‘[T]his blog post by James Pickering is a reminder of the key principles for overseas witnesses giving remote evidence voluntarily. Other situations are governed by the Letters of Request procedure (which is helpfully outlined in the King’s Bench Division Guide 2023 at Section 20).’
International & Travel Law Blog, 10th November 2023
‘An appeal was recently heard by, Mr Justice Freedman, about whether the preparation of a witness statement in English by a multilingual Claimant was CPR compliant or, in breach of Practice direction, 32.PD.18.1. The case is now reported as Afzal v UK Insurance Ltd (2023) EWHC 1730 KB.’
St John's Buildings, 31st October 2023
Source: stjohnsbuildings.com
‘On 1 October 2023, two new guidelines from the Sentencing Council for sentencing offenders convicted of interfering with the administration of justice will come into effect. The guidelines cover two offences: perverting the course of justice contrary to common law; and witness intimidation under the Criminal Justice and Public Order Act 1994.’
Sentencing Council, 27th September 2023
Source: www.sentencingcouncil.org.uk
‘A 74-year-old millionaire accused of “squirrelling away” at least £27 million has won a family court fight over money with his estranged American millionaire wife despite being described by a judge as an “inveterate liar”.’
The Independent, 14th August 2023
Source: www.independent.co.uk
‘The Sentencing Council has published two new guidelines for sentencing offenders convicted of perverting the course of justice and witness intimidation offences in England and Wales.’
Sentencing Council, 12th July 2023
Source: www.sentencingcouncil.org.uk
‘There has been a spate of recent cases where professionals involved as respondents in disciplinary proceedings have sought anonymity orders in their favour. Helen Evans KC and Richard O’Brien explore whether a divide is emerging between the approach adopted by courts compared with tribunals. They also look some of the practical pitfalls of anonymity orders protecting respondents, as well as considering the position of witnesses and other third parties.’
4 New Square, July 2023
Source: www.4newsquare.com
‘Joseph Steadman has written an article about the signing and witnessing of documents electronically, and considers where the law has got to, where it is going and why this is relevant to pension schemes.’
Pensions Barrister, 5th July 2023
Source: www.pensionsbarrister.com
‘An independent inquiry into the deaths of almost 2,000 mental health patients across NHS trusts in Essex is to be given legal powers to compel witnesses to give evidence, after pressure from bereaved relatives and the chair of the inquiry.’
The Guardian, June 2023
Source: www.theguardian.com
‘On Monday 19 June, the Ministry of Justice announced that it will be focusing on building trust between rape victims and the system – in order to reduce dropout rates before a trial.’
Each Other, 23rd June 2023
Source: eachother.org.uk
‘The Solicitors Disciplinary Tribunal (SDT) refused to disclose the witness statements of three young women who gave evidence of sexual misconduct by City lawyer Oliver Bretherton to journalists, it has emerged.’
Legal Futures, 30th May 2023
Source: www.legalfutures.co.uk
‘The High Court has praised the “ingenious arrangement” of witnessing a will through a car window in the early days of the pandemic.’
Legal Futures, 22nd May 2023
Source: www.legalfutures.co.uk
‘Priscilla Presley, mother of the recently deceased Lisa Marie Presley, has launched a legal challenge to contest the validity of her late daughter’s Will. The challenge relates to a 2016 Amendment to her daughter’s Will which has the effect of removing Priscilla from her role as trustee of her daughter’s estate, significantly reducing the say that she has over how her daughter’s estate will be managed.’
Mills & Reeve, 1st February 2023
Source: www.mills-reeve.com
‘The High Court has rejected an application to begin contempt proceedings against a solicitor over what it said was a simple error in a witness statement.’
Legal Futures, 23rd January 2023
Source: www.legalfutures.co.uk
‘The High Court has issued a stark warning to solicitors who sign a certificate of compliance on non-compliant witness statements so their clients can have their day in court.’
Legal Futures, 4th January 2023
Source: www.legalfutures.co.uk
‘The family of Oladeji Omishore, who drowned in June shortly after he was shot with a stun gun by police, are taking the police watchdog to the high court in a test case, accusing them of failing to properly investigate the officers involved.’
The Guardian, 28th November 2022
Source: www.theguardian.com
‘The internet is replete with humorous courtroom exchanges – genuine or apocryphal – between hapless lawyers and intelligent, sarcastic witnesses but the reality is that advocates come prepared with plenty of experience and usually know what they are going to ask. In contrast, most parties and witnesses in civil claims have probably never been inside a court and their “preparation” for the experience itself may have involved watching multiple episodes of Kavanagh QC or similar, largely unrealistic, courtroom dramas.’
Family Law, 28th October 2022
Source: www.familylaw.co.uk
‘Amba Griffin-Booth examines the lessons to be learned from a recent case concerning compliance with PD57AC.’
Local Government Lawyer, 28th October 2022
Source: www.localgovernmentlawyer.co.uk
‘At a Glance conference: 12 October 2022 Keynote address “Would you believe it? The relevance of demeanour in assessing the truthfulness of witness testimony”
Lord Leggatt’
Supreme Court, 12th October 2022
Source: www.supremecourt.uk
‘The High Court has ordered a claimant who seriously breached the rules on witness statements to pay indemnity costs, having exacerbated the situation by dismissing the defendant’s concerns.’
Legal Futures, 21st September 2022
Source: www.legalfutures.co.uk
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