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01 July 2022 / Stephen Gold
Issue: 7985 / Categories: Features , Procedure & practice , Civil way
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Civil way: 1 July 2022

Cross at court; 9.25% interesting; One-way judgment attack; 18 plus and sch 1; Who pays for the ATE?; Divorce update

YOUR COURT NEEDS YOU!!

The cross-examination loving ss 65/6 of the Domestic Abuse Act 2021 (DAA 2021) did not achieve commencement last month as we had foolishly predicted would happen, although we remain under starter’s orders. If they are not in by the end of this month then, once more, I am a banana. What has emerged is that for advocates recently returned from a Red Square branch office and with nothing else to do, work as court appointed qualified legal representatives (QLRs) looks set to emerge from court building ears.

In family proceedings, where a party has been cautioned for, charged with or convicted of a specified offence (under the laws of England and Wales, Scotland and Northern Ireland and there are 14 pages of them in SI 2022/568), they cannot cross-examine the victim in person or vice versa. Ditto in civil proceedings except where there has been a charge only. In both family and civil, where there is

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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