header-logo header-logo

28 July 2023 / Stephen Gold
Issue: 8035 / Categories: Features , Procedure & practice , Civil way , CPR
printer mail-detail

Civil way: 28 July 2023

Cross-examiner crisis; new possession help; interest on costs; bank liability for fraud.

ABOUT TURN

Need a few bob? Frequent and widespread difficulties are being encountered in finding advocates to act as qualified legal representatives (QLRs) to cross-examine vulnerable witnesses under ss 65–66 of the Domestic Abuse Act 2021 (see ‘Civil way’, 172 NLJ 7985, p15). We know because the president of the family division has reported on this serious state of affairs. In this month’s View from the President’s Chambers, he suggests that if there are no takers within 28 days, the court should list the case for directions and direct that some summary information is provided by HMCTS about the difficulties that have been encountered. FPR PD 3AB, para 8.1(b) permits termination of a QLR appointment. Giving consideration to termination, he says, will provide a further opportunity to canvas any other options such as directly instructing an advocate. Notwithstanding the guidance that the court should not itself conduct the cross-examination, this did not trump the overriding objective and ‘where there is no alternative, courts may have

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll