header-logo header-logo

04 August 2011 / Sir Geoffrey Bindman KC
Issue: 7477 / Categories: Blogs
printer mail-detail

Question time

What limits should be placed on cross-examination, asks Geoffrey Bindman

It is impossible not to feel sympathy for the parents of the murdered teenager Milly Dowler in their complaints of distress at their cross-examination at the trial of their daughter’s killer. Aggressive and callous treatment of such witnesses by advocates can never be justified. Evidently the Dowlers felt it as such, whatever may have been intended.

Advocates

There are serious questions about the role and conduct of advocates in our courts. On the one hand the advocate must be able to ask any question and put forward any argument that his client would be entitled to do. The lawyer’s job is to present the case of the defendant with skill and clarity, not to censor the defence.

On the other hand, the lawyer must observe professional standards which do not apply to the lay client.

Some years ago I was a witness at a costs hearing following a lengthy libel trial where I was solicitor for the successful plaintiff. The defendant, a national

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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll