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Doc Brief

27 April 2007 / B Mahendra
Issue: 7270 / Categories: Features , Procedure & practice
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Vulnerable child witness, Unfit witnesses, Cross border regulators

CHILD WITNESSES

The position concerning child witnesses is always a difficult one. An older child may undeniably be capable of giving reliable and cogent evidence in many cases. However, the process of giving evidence, especially the procedure of cross examination, can prove traumatic to a vulnerable child. There is good research evidence to show that adverse effects could befall some children if they are called to give evidence, especially in cases involving allegations of sexual abuse. A court is therefore required to exercise great caution before summoning a child witness. In LM (A Child) (2007) EWCA Civ 9, the Court of Appeal considered how a trial judge should deal with this issue.

L is 10 years of age. In May 2005, L’s mother alleged that L had been physically abused by her father when drunk. When interviewed by the police in the presence of a social worker L had alleged that her father had physically and sexually abused her and also that he had been violent to

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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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