header-logo header-logo

23 February 2018 / David Burrows
Issue: 7782 / Categories: Features , Family
printer mail-detail

Building a case: evidence given by children & ‘vulnerable’ persons

nlj_7782_burrows

David Burrows reviews the new rule in family proceedings covering evidence given by children & ‘vulnerable’ persons

  • New Pt 3A in Family Procedure Rules covers evidence-giving and participation in proceedings of vulnerable persons.
  • Assistance for vulnerable persons is also provided by common law.
  • However, the quality of evidence may be ‘diminished’ by vulnerability (see eg the Youth Justice and Criminal Evidence Act 1999).

With effect from 27 November 2017, the Family Procedure Rules 2010 were amended to include FPR 2010 Part 3A entitled ‘Vulnerable persons: participation in proceedings and giving evidence’.

This is welcome; but may only affect those (a tiny minority?) who can afford the ‘measures’ which have to be paid for. And affording the ‘measures’ or not, Part 3A only deals with half the real issue. Children are ignored. And of that half, the measures proposed in the rules deal only with a small proportion of the real problems for vulnerable parties and witnesses in family proceedings. Family proceedings will still

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll