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.’

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BBC News, 22nd April 2014

Source: www.bbc.co.uk

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Expert determination: Hidden pitfalls – Hardwicke Chambers

‘Expert determination is a process in which parties to a contract jointly instruct a third party to decide an issue between them. Its advantages are self-evident: quick, cheap, informal and contract-based, it has obvious attractions and can be found in many commercial contracts.’

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Hardwicke Chambers, 3rd April 2014

Source: www.hardwicke.co.uk

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Care Proceedings: Who is Best Placed to Provide Best Evidence? – Family Law Week

‘Eleanor Battie, barrister of Crown Office Row, Brighton, asks whether the demand for speed in care proceedings is at the cost of best expert evidence.’

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Family Law Week, 1st April 2014

Source: www.familylawweek.co.uk

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Sara Ege murder case: Conviction appeal bid dismissed – BBC News

‘Judges have dismissed an appeal bid by a woman who beat her son to death for failing to memorise the Koran.’

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BBC News, 28th March 2014

Source: www.bbc.co.uk

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Judge refuses whiplash damages as he criticises Britain’s ‘compensation culture’ – Daily Telegraph

Posted March 27th, 2014 in compensation, expert witnesses, judges, news, personal injuries by tracey

‘Britain’s compensation culture is a “national phenomenon,” a High Court judge said as he refused to grant damages to two women to “stem the tide” of fake insurance claims.’

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Daily Telegraph, 26th March 2014

Source: www.telegraph.co.uk

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Court of Appeal clarifies law on expert evidence – Henderson Chambers

Posted March 26th, 2014 in appeals, civil procedure rules, expert witnesses, news by sally

‘On 13 March 2014 the Court of Appeal handed down judgment in the case of Rogers & Rogers v Hoyle. The appeal deals with two significant issues that can arise in any area of civil practice: the status and admissibility of opinion evidence outside of CPR Part 35 and the extent of the long-standing rule in Hollington v Hewthorn.’

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Henderson Chambers, 13th March 2014

Source: www.hendersonchambers.co.uk

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Second bites at the cherry, defective witness statements and sanction: a practical view from the Bar – Littleton Chambers

‘In his monthly column, James Bickford Smith discusses the Court of Appeal’s recent guidance on communications with judges after draft judgments are circulated, some interesting judicial
observations on defective witness statements, and the Commercial Court’s important relief from
sanctions decision in Re C (A Child) [2014] EWCA Civ 70.’

Full story

Littleton Chambers, 7th March 2014

Source: www.littletonchambers.com

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The dependable witness – New Law Journal

‘Martin Burns provides five important factors to consider when instructing an expert witness (or acting as one).’

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New Law Journal, 28th February 2014

Source: www.newlawjournal.co.uk

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How not to get a pre-inquest review wrong – UK Human Rights Blog

Posted February 28th, 2014 in coroners, expert witnesses, inquests, medicines, news by sally

‘This is the sad tale of a young woman aged 31 dying in mysterious circumstances where the inquest went off entirely on the wrong footing. Joanne Foreman was not a diabetic but lived with a young boy who was. It was suspected that on the night before she died she had drunk heavily and then injected herself with insulin. The inquest proceeded on this basis. Nobody told the expert that the paramedics had taken a blood glucose from Joanne, which was entirely normal. Once this was known, it was obvious that the court would quash the findings at inquest and order a new inquest.’

Full story

UK Human Rights Blog, 25th February 2014

Source: www.ukhumanrightsblog.com

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Wall v Mutuelle de Poitiers Assurances – WLR Daily

Wall v Mutuelle de Poitiers Assurances [2014] EWCA 12; [2014] WLR (D) 86

‘Where a cyclist had been run down in France and brought proceedings in the English courts seeking damages for personal injury, the question whether there should be one single joint expert, or more than one expert pursuant to CPR Pt 35, was a matter of “evidence and procedure” within the meaning of article 1(3) of Parliament and Council Regulation (EC) No 864/2007. Therefore the question of which expert evidence the court should order fell to be determined in accordance with English and not French law.’

WLR Daily, 20th February 2014

Source: www.iclr.co.uk

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Fact or Friction – Horner v Norman – Zenith Chambers

Posted February 14th, 2014 in accidents, evidence, expert witnesses, negligence, news, personal injuries, road traffic by sally

‘It can be difficult at the best of times to establish liability in claims involving pedestrians. Expert evidence should, hopefully, make the task easier, but this case is a useful reminder that even seemingly robust expert evidence may not be enough for a party to succeed.’

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Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

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The Doctor’s Note – Zenith Chambers

Posted February 14th, 2014 in adjournment, evidence, expert witnesses, health, medical treatment, news by sally

‘We are all sadly familiar with the last-minute application for an adjournment backed
by a doctor’s note, on the grounds that the defendant, claimant or important witness
is unfit to attend Court. Almost inevitably, the note in question is unsatisfactory or
insufficient. It frequently takes the jejune form of “Mrs X is suffering from an anxiety
state and is unfit to attend Court”, and that is all.’

Full story

Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

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Family law in crisis – New Law Journal

‘Cuts to legal aid have thrown family proceedings into chaos, say Kim Beatson, Caroline Bowden & Ellen Lucas.’

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New Law Journal, 10th February 2014

Source: www.newlawjournal.co.uk

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MoJ presses ahead with plan to introduce RTA medical panels this year – Litigation Futures

Posted January 17th, 2014 in doctors, expert witnesses, news, personal injuries, road traffic by sally

‘The new independent medical panels to assess whiplash injuries are on course for implementation this year after the Ministry of Justice (MoJ) began putting together a working group to take them forward.’

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Litigation Futures, 16th January 2014

Source: www.litigationfutures.com

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I Want My Baby Back – BBC One Panorama

Posted January 13th, 2014 in adoption, evidence, expert witnesses, family courts, news, social services by tracey

‘John Sweeney investigates the secretive world of the family courts and asks whether some parents may have unfairly lost their children forever. BBC One 13th January 2014′

Further details

BBC One, 13th January 2014

Source: www.bbc.co.uk

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Resolution Chemicals Ltd v H Lundbec A/S – WLR Daily

Posted November 28th, 2013 in appeals, bias, expert witnesses, judges, law reports, recusal by tracey

Resolution Chemicals Ltd v H Lundbec A/S: [2013] EWCA Civ 1515;   [2013] WLR (D)  453

‘The fair-minded and informed observer, having considered the facts, would not conclude that there was a real possibility that the judge would be subconsciously biased in his assessment of the evidence of an expert witness in a patent action where the witness had been the judge’s research supervisor at university.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

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Civil justice reform – another crack in the wall? – Halsbury’s Law Exchange

“The government’s response to the consultation paper on whiplash claims has recently been published. Within it, the government scraps the idea of raising the small claims limit for personal injury claims to £5,000; a measure which would capture most road traffic claims in the UK. It was seen by many as a pivotal brick in the Jackson campaign for proportionate costs, as it would fix the costs entitlement for most whiplash claims at fixed commencement costs for small claims. This would net a significant saving in adverse costs payments at a national level. So, why was a measure of seemingly vital importance discarded so summarily by the government?”

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Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

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Judge refuses to recuse himself in case where expert witness was his Oxford supervisor – Litigation Futures

Posted November 7th, 2013 in bias, expert witnesses, judges, news, patents, recusal by tracey

“A High Court judge has refused to recuse himself from a case involving an expert witness who was once his academic supervisor at Oxford University.”

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Litigation Futures, 6th November 2013

Source: www.litigationfutures.com

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Children: Public Law Update – Family Law Week

Posted October 29th, 2013 in adoption, appeals, care orders, children, expert witnesses, interpreters, media, news, witnesses by sally

“John Tughan, barrister, of 4 Paper Buildings reviews important recent cases of which all public law practitioners ought to be aware.”

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Family Law Week, 25th October 2013

Source: www.familylawweek.co.uk

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Experts acclimatise to tougher post-Jackson life – Litigation Futures

Posted September 25th, 2013 in appeals, evidence, expert witnesses, fees, news, proportionality by sally

“The post-Jackson climate for expert witnesses is ‘leaner and meaner’, according to a leading observer of their work.”

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Litigation Futures, 25th September 2013

Source: www.litigationfutures.com

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