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10 January 2014 / Penny Cooper
Issue: 7589 / Categories: Opinion
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Remote control?

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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

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

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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.

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