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20 May 2020 / Stephen Gold
Issue: 7887 / Categories: Procedure & practice , Civil way
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Civil Way: 22 May 2020

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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Cripps—Radius Law

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Commercial and technology practice boosted by team hire

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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
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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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