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diminished responsibility was made out and the defendant applied at the close of evidence for the case of murder to be withdrawn, the judge should not leave the case of murder to the jury simply because the Crown wanted it to be left to the jury, but should evaluate whether a properly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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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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