header-logo header-logo

A civil question...

22 November 2013 / Lucy McCormick
Issue: 7585 / Categories: Features , Procedure & practice
printer mail-detail
web_mccormick

Lucy McCormick outlines some ground rules for dealing with vulnerable witnesses in civil cases

This summer, Justice Minister Damian Green launched a review of aggressive courtroom cross-examination of vulnerable witnesses. This followed a plethora of news stories about the treatment of victims in the trial of the Telford child prostitution gang and the suicide of Frances Andrade following her testimony in the Michael Brewer case. The NSPCC have been quick to take up the cause, warning recently that the courts are failing child witnesses. It is fair to say that the treatment of vulnerable witnesses has never had a higher profile.

Criminal lawyers certainly have a difficult job in these sensitive cases. However, at least they are the subject of clear and accessible guidance: there is legislation in the form of the Youth Justice and Criminal Evidence Act 1999 (YJCEA 1999), topped up by various CPS guidelines. The position for civil lawyers is much murkier.

This is unfortunate. Just as in criminal trials, civil cases do sometimes require evidence from children, individuals with

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll