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28 July 2023 / Stephen Gold
Issue: 8035 / Categories: Features , Procedure & practice , Civil way , CPR
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Civil way: 28 July 2023

Cross-examiner crisis; new possession help; interest on costs; bank liability for fraud.

ABOUT TURN

Need a few bob? Frequent and widespread difficulties are being encountered in finding advocates to act as qualified legal representatives (QLRs) to cross-examine vulnerable witnesses under ss 65–66 of the Domestic Abuse Act 2021 (see ‘Civil way’, 172 NLJ 7985, p15). We know because the president of the family division has reported on this serious state of affairs. In this month’s View from the President’s Chambers, he suggests that if there are no takers within 28 days, the court should list the case for directions and direct that some summary information is provided by HMCTS about the difficulties that have been encountered. FPR PD 3AB, para 8.1(b) permits termination of a QLR appointment. Giving consideration to termination, he says, will provide a further opportunity to canvas any other options such as directly instructing an advocate. Notwithstanding the guidance that the court should not itself conduct the cross-examination, this did not trump the overriding objective

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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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