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17 January 2019
Issue: 7824 / Categories: Legal News , Procedure & practice
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Claimant sent to prison

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
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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
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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
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