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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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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