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Balancing the rights of domestic abuse victims and alleged abusers in court

Date:9 JAN 2019
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Should a court allow a potential perpetrator of domestic abuse, when they are acting in person, to cross-examine their alleged victim? Does this run the risk of the proceedings themselves being abusive? Or will it unfairly curtail the ability of the accused to put their case? If the court does not allow direct cross-examination, how should it proceed? This was the dilemma the court faced in PS v BP [2018] EWHC 1987 (Fam). Luke Eaton, barrister at 1GC|Family Law, who represented the appellant, looks at this perennial problem.


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