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CUF Lecturer Laura Hoyano Laura Hoyano graduated from the University of Alberta in Canada with two degrees in medieval history before being converted to law, which she also studied at the University of Alberta. She was called to the Alberta Bar in 1983 and practised commercial, insurance and catastrophic personal injury law for 10 years, interrupted by a sabbatical year in 1990-91 to read for the B.C.L. at Balliol College, Oxford. In 1994 she decided to return to academic life, moving to England to accept an academic appointment at the Law Faculty of the University of Bristol. In 1999 she was elected to a Tutorial Fellowship and CUF Lectureship at Wadham College in Oxford, where she teaches tort law, criminal law and the law of evidence.
Publications (sorted by year) L C H Hoyano and C Keenan, Child Abuse: Law and Policy Across Boundaries (OUP 2007) Other notes:This author was solely responsible for chapters 4 and 6-11 (599pp.), and co-wrote chapters 1 and 12. She also contributed short sections to chapters 3 and 5. ISBN: 978-0-19-829946-2 L C H Hoyano, 'The Child Witness Review: Much Ado about too Little' (2007) November Criminal Law Review 849-865 URL: http://ssrn.com/abstract=1297199 Abstract: In December 2004 the Government announced a review of child evidence with a remit to consider whether section 28 of the Youth Justice and Criminal Evidence Act 1999, providing for video taped pre-trial cross-examination, should be retained in some form, to review the performance of Special Measures for child witnesses, and to consider measures for vulnerable defendants. The Review Group's Consultation Paper, Improving the Criminal Trial Process of Young Witnesses, was published only in June 2007. This article critically evaluates the most significant recommendations. As of October 2008, the Government had yet to publish its position regarding the responses to the Consultation Paper, notwithstanding that the consultation period had closed in October 2007. ISBN: 0011 135X L C H Hoyano, 'Misconceptions about Wrongful Conception' (2002) 65(6) Modern Law Review 883-906 Abstract: A critical analysis of the British cases considering the recoverability in tort of the cost of maintaining a child born following a failed sterilisation procedure, beginning with McFarlane v Tayside Health Authority [2000] 2 AC 59, and culminating in the Court of Appeal decision in Rees v. Darlington Memorial Hospital NHS Trust [2002] 2 All ER 177. ISBN: 1468-2230 L C H Hoyano, 'Striking a Balance between the Rights of Defendants and Vulnerable Witnesses: Will Special Measures Directions Contravene Guarantees of a Fair Trial?' (2001) December Criminal Law Review 948-969 URL: http://ssrn.com/abstract=1297229 Abstract: The Youth Justice and Criminal Evidence Act 1999 enables courts to issue Special Measures Directions to protect children and other vulnerable witnesses. This article reviewed the compatibility of these measures with the fair trial guarantee contained in article 6 of the European Convention on Human Rights. Subject to a few doubtful cases, including the withholding of Special Measures from child defendants, the great majority of Special Measures Directions were concluded to be likely to be ECHR-compatible. It was cited with approval by the House of Lords in R v Camberwell Green Youth Court ex parte D [2005] UKHL 4, [2005] 1 WLR 393, in holding that the 'primary rule' regime for child witnesses was compatible with article 6, but expressing doubt about the exclusion of child defendants from Special Measures. ISBN: 0011 135X Correspondence address: Wadham College, Parks Road, Oxford OX1 3PN
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