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04 August 2011 / Sir Geoffrey Bindman KC
Issue: 7477 / Categories: Blogs
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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

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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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