PART 7A

Civil proceedings: prohibition of cross-examination in person

Alternatives to cross-examination in person
85K
1
This section applies where a party to civil proceedings is prevented from cross-examining a witness in person by virtue of any of sections 85F to 85I.
2
The court must consider whether (ignoring this section) there is a satisfactory alternative means—
a
for the witness to be cross-examined in the proceedings, or
b
of obtaining evidence that the witness might have given under cross-examination in the proceedings.
3
If the court decides that there is not, the court must—
a
invite the party to the proceedings to arrange for a qualified legal representative to act for the party for the purpose of cross-examining the witness, and
b
require the party to the proceedings to notify the court, by the end of a period specified by the court, of whether a qualified legal representative is to act for the party for that purpose.
4
Subsection (5) applies if, by the end of the period specified under subsection (3)(b), either—
a
the party has notified the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness, or
b
no notification has been received by the court and it appears to the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness.
5
The court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a qualified legal representative appointed by the court to represent the interests of the party.
6
If the court decides that it is, the court must appoint a qualified legal representative (chosen by the court) to cross-examine the witness in the interests of the party.
7
A qualified legal representative appointed by the court under subsection (6) is not responsible to the party.
8
For the purposes of this section—
a
a reference to cross-examination includes a reference to continuing to conduct cross-examination;
b
“
qualified legal representative
” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act) in civil proceedings.
Pt. 7A inserted (21.7.2022) by Domestic Abuse Act 2021 (c. 17), ss. 66, 90(6); S.I. 2022/840, regs. 1(2), 2(b) (with reg. 3)