Expert evidence about SEN – Education Law Blog

Posted August 20th, 2015 in education, expert witnesses, news, special educational needs, tribunals by sally

The Upper Tribunal has considered how the First-tier Tribunal should approach expert evidence about special educational needs and provision: The Royal Borough of Kensington and Chelsea v CD [2015] UKUT 0396 (AAC).

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Education Law Blog, 19th August 2015

Source: www.education11kbw.com

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Children: Private Law Update – Family Law Week

Posted August 13th, 2015 in appeals, children, contact orders, expert witnesses, news by sally

‘Alex Verdan QC, of 4 Paper Buildings, reviews recent important judgments in private law children cases.’
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Family Law Week, 29th July 2015

Source: www.familylawweek.co.uk

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Challenging fraudulent judgments – Radcliffe Chambers

Posted July 28th, 2015 in evidence, expert witnesses, forgery, fraud, news, setting aside by sally

‘To set aside a judgment on the grounds of fraud, is it necessary to show that the evidence of fraud was unavailable at the trial and could not have been obtained with reasonablediligence? In May 2015, two High Court Judges gave totally contradictory answers to this question. ‘

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Radcliffe Chambers, 15th June 2015

Source: www.radcliffechambers.com

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The un-named baby appeal [2014] EWCA Civ. 1524 – Tanfield Chambers

‘On the 9th October 2014, the Court of Appeal heard a number of applications for permission to appeal by the parents of two children, who had been the subject of care and placement orders.’

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Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

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Government launches review of MedCo – after just three months – Litigation Futures

Posted July 17th, 2015 in consultations, expert witnesses, news, personal injuries by tracey

‘The Ministry of Justice (MoJ) today brought forward its planned six-month review of MedCo in response to the problems that have been encountered so far.’

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Litigation Futures, 16th July 2015

Source: www.lititgationfutures.co.uk

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Lowdon-v-Jump Zone Leisure UK Limited [2015] EWCA Civ586 – Zenith PI Blog

Posted July 1st, 2015 in appeals, damages, expert witnesses, news, personal injuries by sally

‘This case concerned an appeal against an Order in which the Defendant was to pay the Claimant, Mr Lowdon, the sum of £17,000 by way of general damages for personal injury following injury he suffered as a result of riding on the Defendant’s equipment known as “The Hyper jump”.’
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Zenith PI Blog, 30th June 2015

Source: www.zenithpi.wordpress.com

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Sadie Jenkins given supervision order for slitting children’s throats – BBC News

‘A woman who slit the throats of two children has been given a two-year supervision order.’

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BBC News, 26th June 2015

Source: www.bbc.co.uk

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Children Public Law Update – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’

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Family Law Week, 28th May 2015

Source: www.familylawweek.co.uk

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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.’

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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.’

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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.’

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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.’

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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.’

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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.

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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.’

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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.’

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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.’

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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.’

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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.’

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New Law Journal, 14th November 2014

Source: www.newlawjournal.co.uk

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