Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

Credibility versus demeanour – the impact of remote court hearings

Jul 28, 2020, 15:54 PM
This article considers by examination of recent case law, how the increased use of remote hearings in the time of the COVID 19 pandemic have highlighted an interesting judicial divergence about the importance of direct observation in the court room, to assess witness credibility.
Slug :
Meta Title : Credibility versus demeanour – the impact of remote court hearings
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 27, 2020, 23:00 PM
Article ID :

Sarah Phillimore, St John's Chambers

This article considers by examination of recent case law, how the increased use of remote hearings in the time of the COVID 19 pandemic have highlighted an interesting judicial divergence about the importance of direct observation in the court room, to assess witness credibility. Although the majority of cases will provide the Judge with much more than the reaction of witnesses as a basis to make findings of fact, for those cases where contemporaneous documentary evidence is sparse, or non existent, the focus is more firmly on how the witness presents in court. A wider question therefore also emerges – are judges able to keep ‘credibility’ and ‘demeanour’ separate and just how do they assess either?


The full article will be published in the August issue of Family Law

Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482.

 

 

 

 

 

 


Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Related Articles
Load more comments
Comment by from