header-logo header-logo

Remote control?

10 January 2014 / Penny Cooper
Issue: 7589 / Categories: Opinion
printer mail-detail
web_cooper_0

Is virtual witness testimony legal fact or largely fiction, asks Penny Cooper

At the beginning of the 90s the technophiles and “early adopters” in the legal profession got laptops and mobile phones. Twenty years later, no one bats an eyelid at e-disclosure, e-filing, e-document management, “tablets” in court and simultaneous transcripts. Even the “paperless trial” is now fact (Berezovsky v Abramovich [2012] EWHC 2463 (Comm)) as opposed to legal fiction. In another 20 years will technological advances mean that appearances in the witness box will be replaced by video evidence? The early signs are that they might. Live video links to witnesses and pre-recorded testimony present obvious time and money saving benefits. The first is already specifically provided for in the Civil Procedures Rules and the second is as well if r 32.3 is given a broad interpretation: “The court may allow a witness to give evidence through a video link or by other means.”

Venue shifting

Internal links to a witness room within the criminal court building can be provided for a witness who

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

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

NEWS
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
back-to-top-scroll