Family practitioners are experiencing an inconsistent approach to the cross-examination process where a litigant in person is involved, says Kara Swift

Cross-examination is an unavoidable feature of hearing the evidence, whether it is at a fact finding hearing or a final hearing.

This is how the inquisitorial system works. But there’s no reason why this couldn’t be made safe and suitable for all parties involved.

Mr Justice Hayden expressed his view of the system in Re A (a minor) (fact finding; unrepresented party) [2017] EWHC 1195 (Fam). 

“It is a stain on the reputation of our family justice system that a judge can still not prevent a victim being cross-examined by an alleged perpetrator… the process is inherently and profoundly unfair. I would go further it is, in itself, abusive,” he said. 

“For my part, I am si...

Continue Reading for less than 70p per day!

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

Not registered? Subscribe

Login  Subscribe

On-line Web Offer

To save 40% off your first years subscription enter discount code: sjweb40 at the checkout