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10 January 2014 / Penny Cooper
Issue: 7589 / Categories: Opinion
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Remote control?

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Is virtual witness testimony legal fact or largely fiction, asks Penny Cooper

At the beginning of the 90s the technophiles and “early adopters” in the legal profession got laptops and mobile phones. Twenty years later, no one bats an eyelid at e-disclosure, e-filing, e-document management, “tablets” in court and simultaneous transcripts. Even the “paperless trial” is now fact (Berezovsky v Abramovich [2012] EWHC 2463 (Comm)) as opposed to legal fiction. In another 20 years will technological advances mean that appearances in the witness box will be replaced by video evidence? The early signs are that they might. Live video links to witnesses and pre-recorded testimony present obvious time and money saving benefits. The first is already specifically provided for in the Civil Procedures Rules and the second is as well if r 32.3 is given a broad interpretation: “The court may allow a witness to give evidence through a video link or by other means.”

Venue shifting

Internal links to a witness room within the criminal court building can be provided for a witness who is intimidated or vulnerable due to age or incapacity. The

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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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