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20 May 2020 / Stephen Gold
Issue: 7887 / Categories: Procedure & practice , Civil way
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Civil Way: 22 May 2020

COVID-19

Spot the liar It is not possible to say as a generality whether a witness is telling the truth in court rather than remotely. That was the conclusion of Lieven J in the care fact-finding case of A Local Authority v Mother and others [2020] EWHC 1086 (Fam). Demeanour would often not be a good guide to truthfulness. Some people were better at lying than others and that would be no different whether they did so remotely or in court. Demeanour in court would often be more obvious to the judge but that did not mean it would be more illuminating. Might a witness be more likely to tell the truth if they were in the witness box and felt the pressure of the courtroom? This could work the other way round. They might feel less defensive and be more inclined to tell the truth in a remote hearing than when feeling somewhat intimidated in court. In the absence of empirical evidence, she could reach no conclusion on what forum was

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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