Evidence: More than meets the eye

Stuart Barlow highlights considerations in cases involving the prohibition of cross-examination by litigants in person While the appointment of a qualified legal representative will reduce some of the trauma of direct questioning by the perpetrator, the perpetrator could still frame the questions and it may be difficult for a lawyer in that role to determine …
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Probate claims: Caution advised when ‘assisting’ litigants in person

The most recent appeal in Rea v Rea has lessons on the procedure to be adopted in helping unrepresented parties present their case at trial in probate claims, a scenario which is becoming more and more common. Lewis Addison explains The judges considered the error made was such that a retrial was necessary, even though …
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Probate: In at the deep end

Lessons can be learned about trial conduct when litigants appear in person and more in Lonsdale v Teasdale. Elis Gomer elucidates While showing a ‘real doubt’ as to capacity is not a trivial requirement in evidential terms, once that has been done, the burden will be on the party seeking to propound the will to …
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Legal news: Employment update

Lydia Moore and Lydia Octon-Burke round up recent developments affecting employers and their advisers A poorly worded, unclear or even incomprehensible ET1 from a litigant in person may place a burden on a legally represented employer to clarify what the claim is. EAT offers direction on dealing with litigants in person In Cox v Adecco …
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