Lucy McCormick outlines some ground rules for dealing with vulnerable witnesses in civil cases
This summer, Justice Minister Damian Green launched a review of aggressive courtroom cross-examination of vulnerable witnesses. This followed a plethora of news stories about the treatment of victims in the trial of the Telford child prostitution gang and the suicide of Frances Andrade following her testimony in the Michael Brewer case. The NSPCC have been quick to take up the cause, warning recently that the courts are failing child witnesses. It is fair to say that the treatment of vulnerable witnesses has never had a higher profile.
Criminal lawyers certainly have a difficult job in these sensitive cases. However, at least they are the subject of clear and accessible guidance: there is legislation in the form of the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999), topped up by various CPS guidelines. The position for civil lawyers is much murkier.
This is unfortunate. Just as in criminal trials, civil cases do sometimes require evidence from children, individuals with learning difficulties and those suffering from mental illness. Obvious examples
