header-logo header-logo

Remote control?

10 January 2014 / Penny Cooper
Issue: 7589 / Categories: Opinion
printer mail-detail
web_cooper_0

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll