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27 April 2007 / B Mahendra
Issue: 7270 / Categories: Features , Procedure & practice
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Doc Brief

Vulnerable child witness, Unfit witnesses, Cross border regulators

CHILD WITNESSES

The position concerning child witnesses is always a difficult one. An older child may undeniably be capable of giving reliable and cogent evidence in many cases. However, the process of giving evidence, especially the procedure of cross examination, can prove traumatic to a vulnerable child. There is good research evidence to show that adverse effects could befall some children if they are called to give evidence, especially in cases involving allegations of sexual abuse. A court is therefore required to exercise great caution before summoning a child witness. In LM (A Child) (2007) EWCA Civ 9, the Court of Appeal considered how a trial judge should deal with this issue.

L is 10 years of age. In May 2005, L’s mother alleged that L had been physically abused by her father when drunk. When interviewed by the police in the presence of a social worker L had alleged that her father had physically and sexually abused her and also that he had been violent to her mother. The mother had confirmed these allegations. L had

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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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