High Court penalises party over non-compliant expert evidence and excessive bundles – Litigation Futures

Posted February 2nd, 2016 in case management, costs, expert witnesses, news, penalties by sally

‘The High Court has issued a costs penalty to a claimant that included material in expert evidence that it was not meant to and also flooded a preliminary hearing with unnecessary bundles.’

Full story

Litigation Futures, 28th January 2016

Source: www.litigationfutures.com

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RSPCA ‘reserves right’ to prosecute hunt cases despite controversy – Daily Telegraph

‘Changes to the animal protection charity’s prosecution policy will not mean a final end to cases brought against members of fox hunts.’

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Daily Telegraph, 13th December 2015

Source: www.telegraph.co.uk

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Speed Medical to appeal after High Court backs MoJ on MedCo – Litigation Futures

Posted December 11th, 2015 in expert witnesses, judicial review, news, personal injuries, road traffic by tracey

‘Speed Medical has said it will appeal after the High Court this morning rejected its judicial review and backed the Ministry of Justice (MoJ) over the operation of MedCo, the portal for expert evidence in whiplash cases.’

Full story

Litigation Futures, 11th December 2015

Source: www.litigationfutures.com

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Hunting convictions thrown into doubt after court case collapses – Daily Telegraph

‘The neutrality of Professor Stephen Harris, one of the UK’s leading authorities on foxes, has been called into question.’

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Daily Telegraph, 4th December 2015

Source: www.telegraph.co.uk

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Transcript of the Lord Chief Justice’s Annual Press Conference 2015 – Courts and Tribunals Judiciary

‘The Lord Chief Justice, Lord Thomas of Cwmgiedd, held his annual press conference on Tuesday, 17 November, 2015, at the Royal Courts of Justice.’

Full transcript

Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk

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Leading judge tells expert witnesses to find ‘common ground’ – Law Society’s Gazette

Posted November 10th, 2015 in costs, expert witnesses, judges, news by sally

‘A senior member of the judiciary wants to see expert witnesses create easy-to-understand guides highlighting common ground in disputes.’

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Law Society’s Gazette, 6th November 2015

Source: www.lawgazette.co.uk

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Trial judge and costs. Ooops – Nearly Legal

‘I’ve heard about a few costs decisions by trial judges recently which might be considered, to put it politely, interesting, or brave, in the Yes Minister sense. So it was with some interest that I read the Court of Appeal decision in Begum v Birmingham City Council [2015] EWCA Civ 386.’

Full story

Nearly Legal, 8th October 2015

Source: www.nearlylegal.co.uk

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‘Vilified’ doctor cannot publish patient’s private information – Panopticon

‘In the Matter of C (A Child) (Application by Dr X and Y) [2015] EWFC 79 involved, in the words of Munby J, an unusual and indeed unprecedented application. It pitted the right to defend one’s reputation against the privacy and confidentiality rights of others. In this case, the latter won.
Dr X had treated C and C’s mother; he had also been an expert witness in the family court care proceedings concerning C. C’s mother was unhappy about the treatment given by Dr X. She complained about him to the GMC, whose Fitness to Practise panel in due course found the allegations against Dr X to be unproven. C’s mother also criticised Dr X publicly in the media.’

Full story

Panopticon, 1st October 2015

Source: www.panopticonblog.com

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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.’
Full story

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. ‘

Full story

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.’

Full story

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.’

Full story

Full consultation

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”.’
Full story

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.’

Full story

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.’

Full story

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.’

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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