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Balancing the rights of domestic abuse victims and their alleged abusers in court
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Family analysis: 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.
What are the practical implications of this case?
The prospect of an alleged abuser cross-examining an alleged victim of domestic abuse is an unappealing one that many if not all family lawyers have to grapple with all too regularly. Given the current state of legal aid provision the rise in litigants in person and a seeming lack of legislative willingness to tackle the issue it is not a problem that appears to be going away any time soon.
As such the court is left in a difficult...
Read the full article here.
