header-logo header-logo

Claimant sent to prison

17 January 2019
Issue: 7824 / Categories: Legal News , Procedure & practice
printer mail-detail

A judge who sent a claimant to prison for discussing evidence during a housing possession trial acted in a ‘completely disproportionate’ way, the Court of Appeal has held.

Judge Melissa Clarke warned property developer Neil Jarvis not to discuss his evidence with anyone during an overnight break in his cross-examination. However, he did. On discovering this, Judge Clarke struck out his claim, and remanded him in custody overnight with a view to sentencing him for contempt of court in the morning.

The Court of Appeal, however, ordered that a new trial take place and criticised Jarvis’ imprisonment, in Hughes Jarvis v Searle & Anor [2019] EWCA Civ 1.

Delivering judgment, Lord Justice Leggatt said: ‘When… an incident occurs during a trial which gives the trial judge cause for concern that the integrity of a witness’s evidence might have been compromised, a measured approach is called for.’

He said the judge’s response could ‘serve as a case study on how not to deal with such a situation’.

Issue: 7824 / Categories: Legal News , Procedure & practice
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll