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Civil Way: 22 May 2020

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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