header-logo header-logo

Question time

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

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll