In M v F [2025] EWFC 114 (B) HHJ Owens draws attention to an issue that is very close to my heart as a family lawyer – the appropriate and fair cross-examination of vulnerable witnesses.
As Chair of the Family Law Bar Association’s Advocacy Working Group that alongside the Inns of Court College of Advocacy developed the Advocacy and the Vulnerable training for the Family Bar I have been deeply invested in this subject for many years. The training is provided free of charge to family barristers through the commitment of a small group of dedicated Facilitators.
Cross-examination of vulnerable witnesses is a skill that can be learnt, but we do need to take the time to do so. Learning how to use the 20 Principles of Questioning challenges us because it requires us to prepare and cross-examine in a way that is fundamentally different to the way that many of us were originally taught. Delegates who attend our training often find that it has benefits for their advocacy well beyond questioning vulnerable witnesses.
It is not always recognised that competency in cross-examining vulnerable witnesses is not just a ‘nice to have’ addition to our CV. Case law in the Criminal Courts tells us in no uncertain terms that having the skills to cross-examine a vulnerable witness is a professional requirement:
R v Rashid [2017] EWCA Crim 2 – Lord Thomas of Cwmgiedd CJ at paragraph 80 – In considering what is needed in a particular case the court should take account of the fact that an advocate will have undergone specific training and must have satisfied themselves that their training and experience enables them to conduct the case in accordance with proper professional competence which included the asking of appropriate questions.
R v Grant-Murray; R v Gill and others [2017] EWCA Crim 1228 – Lord Thomas CJ at paragraphs 225 and 226 – it would be ‘difficult to conceive’ of an advocate being competent to act in a case involving young witnesses if they had not undergone the training.
R v YGM [2018] EWCA Crim 2458 – Hallett DBE VP – at paragraph 21 – every advocate (and trial judge) is expected to ensure that they are up to date with current best practice in the treatment of vulnerable witnesses.
Fundamentally of course it is a matter of fairness and it is our duty to adapt and have the skills available to ensure that justice is delivered fairly in the Family Court.
Advice and advocacy from a specialist family law barrister