header-logo header-logo

27 April 2007 / B Mahendra
Issue: 7270 / Categories: Features , Procedure & practice
printer mail-detail

Doc Brief

Vulnerable child witness, Unfit witnesses, Cross border regulators

CHILD WITNESSES

The position concerning child witnesses is always a difficult one. An older child may undeniably be capable of giving reliable and cogent evidence in many cases. However, the process of giving evidence, especially the procedure of cross examination, can prove traumatic to a vulnerable child. There is good research evidence to show that adverse effects could befall some children if they are called to give evidence, especially in cases involving allegations of sexual abuse. A court is therefore required to exercise great caution before summoning a child witness. In LM (A Child) (2007) EWCA Civ 9, the Court of Appeal considered how a trial judge should deal with this issue.

L is 10 years of age. In May 2005, L’s mother alleged that L had been physically abused by her father when drunk. When interviewed by the police in the presence of a social worker L had alleged that her father had physically and sexually abused her and also that he had been violent to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll