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27 April 2007 / B Mahendra
Issue: 7270 / Categories: Features , Procedure & practice
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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

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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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