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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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NEWS
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
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
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
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