Appeal court shows its bottle – summary judgment on patent infringement – Techology 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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Are juries being blinded by science? – The Guardian

Posted October 15th, 2014 in criminal justice, expert witnesses, forensic science, juries, Law Commission, news by sally

‘Expert witnesses are being subjected to greater scrutiny by the criminal courts, despite the government’s refusal to implement safeguards recommended by its own law reform advisers.’

Full story

The Guardian, 15th October 2014

Source: www.guardian.co.uk

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New whiplash and PPI claim rules – Ministry of Justice

‘The latest stages of the government’s work on compensation claims take effect today (Wednesday 1 October 2014) with new measures around whiplash and PPI claims.’

Full press release

Minsitry of Justice, 1st October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Children: Private Law Update – Family Law Week

‘Alex Verdan QC of 4 Paper Buildings considers recent judgments in private law children cases, including the President’s judgment on legal aid funding in Q v Q.’

Full story

Family Law Week, 19th September 2014

Source: www.familylawweek.co.uk

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Practice Note: Chancery Chambers Changes 1st October 2014 – Judiciary of England and Wales

‘From 1 October 2014 the Chancery Division in London will commence using the new CE-File electronic court file and some data stored on the old IT system will be transferred to CE-File.’

Full practice note

Judiciary of England and Wales, 11th September 2014

Source: www.judiciary.gov.uk

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Babysitter Jay Miller jailed for toddler attack – BBC News

Posted September 12th, 2014 in children, expert witnesses, grievous bodily harm, news, sentencing by tracey

‘A babysitter who broke a two-year-old toddler’s arm and carried out other assaults has been jailed for 30 months.’

Full story

BBC News, 12th September 2014

Source: www.bbc.co.uk

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When innocent men go to jail: miscarriages of justice in Britain – Daily Telegraph

Posted September 5th, 2014 in appeals, criminal justice, DNA, evidence, expert witnesses, miscarriage of justice, news by tracey

‘“People think that miscarriages of justice are rare and exceptional,” says Dr Michael Naughton, founder of the UK Innocence Project. “But every single day, people are overturning convictions for criminal offences. Miscarriages of justice are routine, even mundane features of the criminal justice system. They are systemic.” ‘

Full story

Daily Telegraph, 4th September 2014

Source: www.telegraph.co.uk

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State should pay for representation and witnesses in private child disputes – UK Human Rights Blog

‘Public funding is not generally available for litigants in private-law children cases, and no expert can now be instructed in such a case unless the court is satisfied, in accordance with section 13(6) of the Children and Families Act 2014, that the expert is “necessary” to assist the court to resolve the proceedings “justly”.’

Full story

UK Human Rights Blog, 31st August 2014

Source: www.ukhumanrightsblog.com

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New guidance for instruction of experts in civil claims 2014 – Judiciary of England and Wales

Posted August 22nd, 2014 in expert witnesses, press releases by tracey

‘New guidance for instruction of experts in civil claims 2014 – 15 August 2014

The Civil Justice Council guidance for the instruction of experts in civil claims has been published – 21 August 2014 update

Some minor additions have been made to this new CJC Guidance (with new paragraphs 31, 61 and 87 added).’

Full press release

Judiciary of England and Wales, 21st August 2014

Source: www.judiciary.gov.uk

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Guidance for the instruction of experts in civil claims 2014 – Civil Justice Council

‘Civil Justice Council issues new guidance on instructing experts in civil claims.’

Full guidance

Civil Justice Council, 13th August 2014

Source: www.judiciary.gov.uk

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A new test to determine who is fit for trial – Law Commission

‘How do we determine whether someone accused of a crime is physically and mentally fit to participate in a criminal trial? And what do we do if they are not? These are the questions being examined today as the Law Commission brings together leading experts in criminal law and mental health to exchange views at a consultation event at Leeds University.’

Full story

Law Commission, 11th June 2014

Source: www.lawcommission.justice.gov.uk

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Lack of legal aid derails contact proceedings – The Guardian

‘The President of the Family Division has adjourned contact proceedings by an unrepresented father pending the Ministry of Justice or any other responsible body to come up with the solution to the problem of one parent suffering an injustice due to the withdrawal of legal aid.’

Full story

UK Human Rights Blog, 10th June 2014

Source: www.ukhumanrightsblog.com

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Expert court witnesses ‘ignored clients’ guilt’ – BBC News

Posted June 9th, 2014 in animals, evidence, expert witnesses, news by sally

‘An undercover Panorama investigation has found some paid expert witnesses prepared to provide helpful court reports despite a client’s confession.’

Full story

BBC News, 9th June 2014

Source: www.bbc.co.uk

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R (JG) v Lord Chancellor (Law Society intervening) – WLR Daily

Posted May 29th, 2014 in appeals, care orders, costs, expert witnesses, law reports, legal aid by michael

R (JG) v Lord Chancellor (Law Society intervening) [2014] EWCA Civ 656;  [2014] WLR (D)  235

‘Where a child who was a party to private law proceedings under the Children Act 1989 had the benefit of public funding in respect of his costs and the court considered that it was necessary to instruct a single joint expert to produce a report to assist the court in determining what was in the best welfare interests of the child, but the other parties had no funding and were unable to pay their share of the expert’s costs, the court could depart from the order that it would otherwise have made, to the greater cost of the publicly funded party, where the failure to adduce the expert’s report would result in a breach of one of the party’s rights under articles 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the court was not prevented from doing so by section 22(4) of the Access to Justice Act 1999. Where, in the case of a single joint expert, there was no problem over resources, there was no normal rule of equal apportionment of the costs, and that issue of apportionment was to be determined in the exercise of the court’s discretion, taking into account the particular circumstances of the case.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

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MN (Somalia) v Secretary of State for the Home Department; KY (Somalia) v Same – WLR Daily

MN (Somalia) v Secretary of State for the Home Department; KY (Somalia) v Same [2014] UKSC 30;  [2014] WLR (D)  227

‘A tribunal conducting asylum proceedings could admit, as expert evidence, a report by an organisation based on a telephone interview with an asylum claimant in which its analysts commented on the likelihood of that person originating from his claimed place of origin, based on the person’s dialect and answers to questions about the area in question, even though the report was in the name of the organisation rather than an individual and those contributing to it were identified only by serial numbers. However it was necessary for the tribunal in each particular case to be satisfied that the anonymity was necessary, with safeguards for the claimant in place, and that the authors of the report had demonstrated that they had relevant expertise for each matter on which they had commented.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

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Legal Aid Agency may have to bear cost of expert fees – New Law Journal

Posted May 29th, 2014 in costs, expert witnesses, fees, legal aid, news, reports by michael

‘The Legal Aid Agency—formally known as the Legal Service Commission (LSC) —was wrong to refuse to pay the full cost of an expert witness report ordered for a child by the family court.’

Full story

New Law Journal, 28th May 2014

Source: www.newlawjournal.co.uk

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Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) – Supreme Court

Posted May 28th, 2014 in asylum, evidence, expert witnesses, law reports by sally

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) [2014] UKSC 30 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

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Judges criticise impact of legal aid cuts – The Guardian

‘There has been a large increase in unrepresented claimants, outbreaks of courtroom violence, extra litigation and increased costs, according to senior judges who have criticised the impact of legal aid cuts in the family courts.’

Full story

The Guardian, 14th May 2014

Source: www.guardian.co.uk

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New Family Court comes into being amid justice reforms – BBC News

Posted April 22nd, 2014 in care orders, delay, divorce, expert witnesses, family courts, news, time limits by sally

‘New combined Family Courts have come into being in England and Wales as part of family justice system reforms.’

Full story

BBC News, 22nd April 2014

Source: www.bbc.co.uk

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