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31 January 2008 / John Cooper KC
Issue: 7306 / Categories: Features
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Book Reviews

witness testimony:PSYCHOLOGICAL, INVESTIGATIVE AND EVIDENTIAL PERSPECTIVES
Edited by Anthony Heaton-Armstrong, Eric Shepherd, Gisli Gudjonsson and David Wolchover / Oxford University Press /
RRP £49.95 / 496 pages

The role of the criminal justice system must be to find the truth. Quite what that “truth” means has and continues to be the subject of much debate. Some confuse truth with proof.  An analysis of the law of evidence only takes us as far as establishing how much can be proven, but proof does not always equate to truth. A person will be acquitted if the prosecution has failed to prove the case but it does not follow that that acquittal contains within it the truth of what happened.

This book, edited by a team of eminent people in their fields, develops a unique analysis of the way our adversarial system works and guides the reader through a series of closely argued sections designed to produce clear, cogent, accurate and reliable evidence.

Beginning with psychological perspectives, a series of writers, principally the respected Gisli Gudjonsson, deal with

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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