Consultation paper launched – Vulnerable witnesses and parties – Courts and Tribunals Judiciary
‘Consultation paper launched – Vulnerable witnesses and parties.’
Courts and Tribunals Judiciary, 3rd September 2019
Source: www.judiciary.uk
Category: witnesses
Judge issues warning to solicitors providing secondary evidence – Law Society’s Gazette
‘A High Court judge has stressed that witness statements from litigants’ solicitors will be disregarded if they appear to be irrelevant or badly sourced.’
Law Society's Gazette, 7th August 2019
Source: www.lawgazette.co.uk
How helpful is witness evidence anyway? The impact (or not) of evidence from a third party in loss of chance cases – Hardwicke Chambers
‘A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree something different to the agreement the client had envisaged. What difference does the error make to the outcome and how should this translate into damages? Does the analysis change where the third party gives evidence and is adamant that the error made no difference to the outcome? These questions arose in Moda International Brands Ltd v Gateley LLP (1) & Gateley Plc (2). Against the background of the Commercial Court’s consultation on witness statements, this case offers an illustration of witnesses’ diminished role.’
Hardwicke Chambers, 21st June 2019
Source: hardwicke.co.uk
Kenneth Noye: Police still investigating murder of key witness in road-rage killer’s trial 19 years ago – The Independent
‘The unsolved assassination of a key witness who helped to put road-rage killer Kenneth Noye behind bars remains under investigation by detectives, police have said.’
The Independent, 28th May 2019
Source: www.independent.co.uk
Police ordered to use bail to protect victims after suspected rapists and murderers freed – The Independent
‘Police officers have been told to use bail conditions to protect the public after new rules saw thousands of suspected sex attackers and violent criminals released without any restrictions. The National Police Chiefs’ Council (NPCC) has released guidance to all officers and staff emphasising that pre-charge bail is a “legitimate tool” in the wake of government changes in 2017.’
The Independent, 27th May 2019
Source: www.independent.co.uk
Leading firm held liable for asbestos case blunder – Legal Futures
‘The High Court has ordered Cardiff-based Hugh James to pay six-figure damages to the family of an asbestos victim for professional negligence in abandoning their personal injury claim.’
Legal Futures, 1st May 2019
Source: www.legalfutures.co.uk
Murder witnesses to be given same support as victims’ families under plans to stop ‘cycle of brutal offending’ – The Independent
‘People who witness fatal stabbings and murders in London will be given the same support as bereaved relatives under new proposals. The justice secretary, David Gauke, said trauma can fuel a “continued cycle of brutal offending” amid warnings that children exposed to violence at a young age can become more vulnerable to gangs.’
Ministry of Justice press release
The Independent, 4th April 2019
Source: www.independent.co.uk
The Inheritance Act and Adult Child Claimants – recent guidance from the Chancery Division – Family Law Week
‘Gwyn Evans, barrister of Tanfield Chambers, explains the court’s judgment in a recent Inheritance Act case involving an estranged adult claimant, reliant on state benefits, and defendants for whom inheritance was a windfall.’
Family Law Week, 29th March 2019
Source: www.familylawweek.co.uk
Sheffield United’s Sophie Jones quits football after being found guilty of racial abuse, labels FA hearing a ‘kangaroo court’ – The Independent
‘Sheffield United’s Sophie Jones has claimed she will quit football after being found guilty of racially abusing Renee Hector by the FA. Jones labelled the FA’s hearing as a “kangaroo court” and says she can no longer play under a governing body who she “does not have any confidence in”. The FA reached a guilty verdict on Wednesday after Jones was alleged to have made monkey noises at Tottenham’s Renee Hector on 6 January in the Women’s Championship, with the 27-year-old receiving a five-match ban and being fined £200. Jones was subsequently sacked by Sheffield United.’
The Independent, 20th March 2019
Source: www.independent.co.uk
Commercial Court “should better enforce witness statement rules” – Litigation Futures
‘Early results from a survey on witness statements has found that that most Commercial Court users want judges to be tougher in enforcing the rules, it has emerged.’
Litigation Futures, 28th February 2019
Source: www.litigationfutures.com
Child witnesses struggling to remember details after lengthy waits – Law Society’s Gazette
‘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
CA rules £1m security order to admit late statement was wrong – Litigation Futures
‘A High Court judge was wrong to order a defendant to make a £1m security for costs payment – almost the sum the claimant was seeking – to rely on a witness statement it had served late, the Court of Appeal has ruled.’
Litigation Futures, 18th February 2019
Source: www.litigationfutures.com
The pen: mightier than the word? – New Law Journal
‘John A. Kimbell QC considers a new review of the rules on witness evidence in the Business & Property Courts.’
New Law Journal, 12th November 2018
Source: www.newlawjournal.co.uk
Judge criticises City solicitor for giving witness statement to journalist – Litigation Futures
‘A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.’
Litigation Futures, 13th November 2018
Source: www.litigationfutures.com
Court warning after solicitor called by own client to give evidence – Law Society’s Gazette
‘A High Court judge has made clear that clients should resist calling their own solicitor to give evidence, warning that to do so may give rise to a potential conflict of interest.’
Law Society's Gazette, 14th August 2018
Source: www.lawgazette.co.uk
Vexatious ex-solicitor “said first thing that came into her head” – Legal Futures
‘A struck-off solicitor called to give evidence over a will she drafted often said “the first thing that came into her without reflecting on whether it was correct”, the High Court has found.’
Legal Futures, 9th August 2018
Source: www.legalfutures.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
‘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.’
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
‘Speech by Sir James Munby, President of the Family Division: Because it is the right thing to do.’
Courts and Tribunals Judiciary, 24th July 2018
Source: www.judiciary.uk
Judicial Protocol update: Expedition of Cases Involving Witnesses Under 10 Years – Courts and Tribunals Judiciary
‘A Protocol between The National Police Chiefs’ Council, The Crown Prosecution Service and Her Majesty’s Courts & Tribunals Service to Expedite Cases Involving Witnesses Under 10 Years.’
Courts and Tribunals Judiciary, 13th July 2018
Source: www.judiciary.uk
