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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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