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07 June 2024 / David Burrows
Issue: 8074 / Categories: Features , In Court , Procedure & practice
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Challenging witness evidence

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David Burrows examines recent case law on the opportunity to answer adverse allegations
  • If a witness’s evidence is challenged, or a finding sought adverse to their evidence, must that witness be called to answer in cross-examination?
  • If a witness, whether lay or expert, is not given an opportunity to explain points a defendant wishes to argue against, is a decision made without that opportunity fair to the complainant and to the complainant’s witness (expert or lay)?

What have each of these in common: Yosser, an allegedly dangerous dog; a holiday maker with acute gastroenteritis; a Bangladeshi whose UK citizenship was under challenge by the Home Office; and a deceased testator who wanted to leave her house to her daughter over the heads—and wishes—of the daughter’s brothers? An answer is that all have been recently in various appeals courts in circumstances where, in each case, an appeal was allowed because a respondent to the appeal had not given a witness (party, lay or expert witness) an opportunity to answer adverse allegations which were made later

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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
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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