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17 January 2019
Issue: 7824 / Categories: Legal News , Procedure & practice
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Claimant sent to prison

A judge who sent a claimant to prison for discussing evidence during a housing possession trial acted in a ‘completely disproportionate’ way, the Court of Appeal has held.

Judge Melissa Clarke warned property developer Neil Jarvis not to discuss his evidence with anyone during an overnight break in his cross-examination. However, he did. On discovering this, Judge Clarke struck out his claim, and remanded him in custody overnight with a view to sentencing him for contempt of court in the morning.

The Court of Appeal, however, ordered that a new trial take place and criticised Jarvis’ imprisonment, in Hughes Jarvis v Searle & Anor [2019] EWCA Civ 1.

Delivering judgment, Lord Justice Leggatt said: ‘When… an incident occurs during a trial which gives the trial judge cause for concern that the integrity of a witness’s evidence might have been compromised, a measured approach is called for.’

He said the judge’s response could ‘serve as a case study on how not to deal with such a situation’.

Issue: 7824 / Categories: Legal News , Procedure & practice
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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

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Bill disputes between solicitors and clients should be dealt with by an online portal rather than sent to the Legal Ombudsman (LeO), the Association of Costs Lawyers (ACL) has argued
MPs have warned of an ‘unacceptably high risk of miscarriages of justice’ due to a lack of legal aid and increasing levels of self-representation
The government is considering restricting judicial review challenges against housing schemes, motorways and other major planning applications
Damages-based agreements (DBAs), also known as contingency fees, could be allowed for opt-out collective actions in the Competition Appeal Tribunal
Couples could legally marry almost anywhere, from canal boats to cruise ships at sea, under proposals launched last week
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