Unlawful for Home Office to ignore expert evidence in trafficking decisions – Free Movement

‘The Administrative Court last week (22.5.15) handed down judgment in the case of R (on the application of AB) v Secretary of State for the Home Department [2015] EWHC 1490 (Admin), quashing a decision not to recognize AB as a victim of human trafficking for the purposes of the Council of Europe Convention on Action against Trafficking (CAT), and mandating that the Secretary of State remake that decision.’

Full story

Free Movement, 27th May 2015

Source: www.freemovement.org.uk

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Sadie Jenkins cleared of child murder bids ‘by reason of insanity’ – BBC News

Posted May 22nd, 2015 in attempts, children, drug abuse, expert witnesses, insanity, murder, news by sally

‘A Newport woman who slit the throats of two children in a drug induced trance has been cleared of attempting to murder them on grounds of insanity.’

Full story

BBC News, 20th May 2015

Source: www.bbc.co.uk

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Appeal court upholds strike-out of litigant-in-person’s claim over non-compliance – Litigation Futures

‘A litigant-in-person has lost his claim for psychiatric injury against the Stobart Group and associated companies over his failure to serve a medical report.’

Full story

Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

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Life Expectancy, Expert Evidence, the Strauss Tables and the Relevance of the Quality of Care: Detailed Consideration by the High Court – Zenith PI Blog

‘This Blog has already looked at the case of Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in the context of judicial consideration of the basic principles of the law of damages. However the judgment of Mr Justice Foskett also contains some important observations in relation to life expectancy. In particular the approach to be taken when dealing with evidence from experts and statistical analysis.’

Full story

Zenith PI Blog, 12th April 2015

Source: www.zenithpi.wordpress.com

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Court has no “superhero” jurisdiction says Home Office in unlawful detention case – Free Movement

Posted April 2nd, 2015 in detention, expert witnesses, immigration, mental health, news by sally

‘In the case of Xue v Secretary of State for the Home Department [2015] EWHC 825 (Admin) the Home Office claimed that the court had no “superhero” jurisdiction and could not or should interfere with the right of the Secretary of State indefinitely to detain a foreign national. Happily for the woman concerned, who was detained for two years at the Yarl’s Wood detention camp before being released and who during that time underwent a catastrophic decline in mental and physical health, Mrs Justice Laing disagreed. A finding of unlawful detention was made and some very limited damages were awarded covering only the final month of her detention.’

Full story

Free Movement, 2nd April 2015

Source: www.freemovement.org.uk

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New Compulsory System for Obtaining Medical Report in Whiplash Claims is on the Starting Blocks. Are You Ready for it? – Zenith PI Blog

Posted March 18th, 2015 in expert witnesses, health, news, personal injuries, reports, road traffic by sally

‘MedCo Registration Solutions’ is the new compulsory system for sourcing medical reports in soft tissue injury claims brought under the PAP for low value PI claims in RTAs.

Full story

Zenith PI Blog, 17th March 2015

Source: www.zenithpi.wordpress.com

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Law firms and medical agencies launch judicial review over whiplash reforms – Litigation Futures

Posted March 5th, 2015 in consultations, expert witnesses, law firms, news, personal injuries by tracey

‘A group of personal injury firms and medical reporting agencies has pushed ahead with its plan to issue an application for judicial review against the government, challenging its reforms to medical reporting in whiplash cases.’

Full story

Litigtation Futures, 3rd May 2015

Source: www.litigationfutures.com

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Judge to see forensics that point to Tower Hamlets vote fraud – Daily Telegraph

Posted February 2nd, 2015 in elections, expert witnesses, forensic science, fraud, news by sally

‘Evidence from an independent forensic scientist will form the centrepiece of a rare election fraud trial opening at the High Court on Monday.’

Full story

Daily Telegraph, 1st February 2015

Source: www.telegraph.co.uk

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Male circumcision can be part of “reasonable parenting”, but no form of FGM is acceptable – Family Court – UK Human Rights Blog

Posted January 19th, 2015 in children, expert witnesses, family courts, female genital mutilation, news by tracey

‘B and G (Children) (No.2) [2015] EWFC 3. Contemplating the details of different forms of female genital mutilation is not for the faint hearted. But that is what the courts and the relevant experts have to do, not only to protected alleged victims but to defend the interests of those suspected of perpetuating the procedure, whether it is a question of criminal liability under the FGM Act 2003, or determining that a threshold of harm has been passed so as to initiate care proceedings if the victim is a child.’

Full story

UK Human Rights Blog, 18th January 2015

Source: www.ukhumanrightsblog.com

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Court of Appeal: litigants in person may get help with relief from sanctions, but only “at the margins” – Litigation Futures

‘The fact that an individual or a company is a litigant in person is not a reason for the “disapplication” of court orders, rules and directions, appeal judges have ruled.’

Full story

Litigation Futures, 5th January 2015

Source: www.litigationfutures.com

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Regina v Brennan – WLR Daily

Regina v Brennan [2014] EWCA Crim 2387; [2014] WLR (D) 502

‘Where, on a charge of murder, there was uncontradicted expert evidence to the effect that a defence of diminished responsibility was made out and the defendant applied at the close of evidence for the case of murder to be withdrawn, the judge should not leave the case of murder to the jury simply because the Crown wanted it to be left to the jury, but should evaluate whether a properly directed jury could properly convict of murder.’

WLR Daily, 21st November 2014

Source: www.iclr.co.uk

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Backlash on whiplash – New Law Journal

Posted November 18th, 2014 in compensation, expert witnesses, fees, Ministry of Justice, news, personal injuries by sally

‘Chris Pamplin looks at recent moves by the Ministry of Justice to control the whiplash claims industry & MROs.’

Full story

New Law Journal, 14th November 2014

Source: www.newlawjournal.co.uk

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Laughton v Shalaby – “Similar Fact Evidence” in Civil Cases – Admissibility of Evidence of Incompetence in Other Cases in a Clinical Negligence Claim – Zenith PI Blog

‘In Laughton v Shalaby [2014] EWCA Civ 1450, the claimant appealed a decision that the defendant surgeon had not acted negligently in the course of carrying out a hip operation.’

Full story

Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

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JR looms as MoJ admits: new whiplash rules “could lead to misunderstanding” – Litigation Futures

‘The Ministry of Justice (MoJ) has admitted that the new rules for whiplash claims, introduced on 1 October this year, “could in practice lead to some misunderstanding” and may have to be amended.’

Full story

Litigation Futures, 14th November 2014

Source: www.litigationfutures.com

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Whiplash claimants to be given random choice of medical expert – Litigation Futures

Posted November 12th, 2014 in expert witnesses, news, personal injuries by tracey

‘The government is set to give claimants and their solicitors a random selection of medical experts to choose from as part of the next stage of whiplash reform, it has emerged.’

Full story

Litigation Futures, 12th November 2014

Source: www.litigationfutures.com

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Top QC calls for enquiry into expert witness misconduct – Litigation Futures

‘A leading barrister has called for a study to examine whether anecdotal evidence of abuse and misconduct by expert witnesses is on the “industrial scale” alleged by some, as funding arrangements increase the risk of malpractice.’

Full story

Litigation Futures, 10th November 2014

Source: www.litigationfutures.com

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Neuberger unsure of benefits of single joint experts – Litigation Futures

Posted November 10th, 2014 in cross-examination, expert witnesses, news by sally

‘The use of single joint experts could render the judge purely a “figure head” in proceedings, the president of the Supreme Court has warned.’

Full story

Litigation Futures, 10th November 2014

Source: www.litigationfutures.com

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Top QC calls for enquiry into expert witness misconduct – Litigation Futures

Posted November 10th, 2014 in expert witnesses, news, professional conduct by sally

‘A leading barrister has called for a study to examine whether anecdotal evidence of abuse and misconduct by expert witnesses is on the “industrial scale” alleged by some, as funding arrangements increase the risk of malpractice.’

Full story

Litigation Futures, 10th November 2014

Source: www.litigationfutures.com

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Appeal court shows its bottle – summary judgment on patent infringement – Technology Law Update

Posted October 20th, 2014 in appeals, expert witnesses, news, patents, summary judgments by sally

‘It is unusual for a patent infringement case to be decided without a full trial. A judge will normally want to hear evidence from experts to understand what people working in the relevant field would have known at the time when the patent was first filed. Recent examples of this kind of analysis can be found in Virgin v Rovi (discussed here) and Teva v AstraZeneca.’

Full story

Technology Law Update, 20th October 2014

Source: www.technology-law-blog.co.uk

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2014 Kalisher Lecture on the future of forensic science in criminal trials by the Lord Chief Justice – Judiciary of England and Wales

Posted October 17th, 2014 in criminal justice, expert witnesses, forensic science, speeches by tracey

‘The Rt. Hon. The Lord Thomas of Cwmgiedd, The Lord Chief Justice of England and Wales gave the 2014 CBA Kalisher Lecture on the 14 October 2014.’

Full speech

Judiciary of England and Wales, 16th October 2014

Source: www.judiciary.gov.uk

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