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Civil Way: 22 May 2020

20 May 2020 / Stephen Gold
Issue: 7887 / Categories: Procedure & practice , Civil way
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COVID-19

Spot the liar It is not possible to say as a generality whether a witness is telling the truth in court rather than remotely. That was the conclusion of Lieven J in the care fact-finding case of A Local Authority v Mother and others [2020] EWHC 1086 (Fam). Demeanour would often not be a good guide to truthfulness. Some people were better at lying than others and that would be no different whether they did so remotely or in court. Demeanour in court would often be more obvious to the judge but that did not mean it would be more illuminating. Might a witness be more likely to tell the truth if they were in the witness box and felt the pressure of the courtroom? This could work the other way round. They might feel less defensive and be more inclined to tell the truth in a remote hearing than when feeling somewhat intimidated in court. In the absence of empirical evidence, she could reach no conclusion on what forum was

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Hugh James—Phil Edwards

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Firm strengthens employment team with partner hire

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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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