Triangulation and flexibility: taking capacity seriously in changing circumstances – Mental Capacity Law and Policy

‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’

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Mental Capacity Law and Policy, 11th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Top Cases of 2023: the good, the bad and the legally complicated – UK Human Rights Blog

‘As the dust settles on another year, it is (just about still) time to look back over the year gone to review some of the most dramatic, legally interesting or impactful cases of the year gone by. As ever, this is only a selection of the top cases of the year, but as a whole they reveal yet another year in which the courts have been drawn into the centre of the most important social and political debates of the society in which they find themselves.’

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UK Human Rights Blog, 29th January 2024

Source: ukhumanrightsblog.com

Court of Appeal sets out limits of relief from sanctions regime – Legal Futures

Posted January 29th, 2024 in appeals, civil procedure rules, expert witnesses, news, practice directions by sally

‘A failure to seek permission under the Civil Procedure Rules (CPR) does not automatically mean lawyers then need to apply for relief from sanctions, the Court of Appeal has ruled.’

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Legal Futures, 29th January 2024

Source: www.legalfutures.co.uk

Case Comment: TUI Limited v Griffiths [2023] UKSC 48 – UKSC Blog

‘In this case, Catherine McAndrew, a Senior Associate in the Insurance and Reinsurance team at CMS, comments on the Supreme Court’s decision in TUI Limited v Griffiths [2023] UKSC 48, which was handed down on 29 November 2023.’

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UKSC Blog, 26th January 2024

Source: ukscblog.com

Griffiths v. TUI UK Limited: Evidence, Challenge and Fairness – UK Human Rights Blog

‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’

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UK Human Rights Blog, 3rd January 2024

Source: ukhumanrightsblog.com

Griffiths v TUI [2023] UKSC 48: The Supreme Court unanimously agrees with MC Hammer – “U can’t touch this” – St John’s Chambers

‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’

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St John's Chambers, 29th November 2023

Source: www.stjohnschambers.co.uk

Fairness Trumps All: Supreme Court Reverses the Decision of the Court of Appeal in TUI UK Ltd v Griffiths – Ropewalk Chambers

‘The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48. The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal.’

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Ropewalk Chambers, 30th November 2023

Source: ropewalk.co.uk

UK court removes daughter from care of mother who disputed use of expert – The Guardian

Posted December 19th, 2023 in child arrangements orders, contact orders, expert witnesses, guardianship, news by tracey

‘A family court judge has accepted the recommendation of an unregulated expert and ruled that a child should be removed from her mother’s care after finding the mother made an “entirely false allegation” about the child’s father.’

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The Guardian, 16th December 2023

Source: www.theguardian.com

UK Supreme Court ruling clarifies fair treatment of expert evidence at trial – OUT-LAW.com

Posted December 7th, 2023 in contracts, evidence, expert witnesses, holidays, news, Supreme Court by michael

‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’

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OUT-LAW.com, 6th December 2023

Source: www.pinsentmasons.com

Expert evidence and fine margins in boundary disputes – Goodmans Autos Limited v Maverstone Properties Limited [2023] EWHC 1882 (KB) – Gatehouse Chambers

Posted October 10th, 2023 in boundaries, chambers articles, expert witnesses, injunctions, news, trespass by sally

‘Goodmans concerned an appeal brought by Goodmans Autos Limited (“GAL”) on the basis that the judge at first instance was wrong to dismiss its claim against Maverstone Properties Limited (“MPL”) and Byoot Develop Limited (“BDL”) for:
1. Damages for trespass to its premises by excavating approximately 6 inches of the GAL Site and removing concrete fence posts on the land and;
2. For an injunction requiring the Defendants to remedy the trespass to its premises caused by concrete poured for the foundations of a building erected by the Defendants flowing over into the excavated space and therefore into the GAL Site.’

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Gatehouse Chambers, 15th September 2023

Source: gatehouselaw.co.uk

Ness v Carillion Capital Projects Ltd & Ors [2023] EWHC 1219 (KB) – Asbestos Law

‘In this article Cressida Mawdesley-Thomas considers the judgment of HHJ Lickley KC in Ness v Carillion Capital Projects Ltd & Ors [2023] EWHC 1219 (KB). Ness was a successful fatal mesothelioma claim.’

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Asbestos Law, 5th September 2023

Source: asbestoslawblog.uk

Experts hit out at 20-page limit on reports in intermediate track – Legal Futures

Posted September 29th, 2023 in civil procedure rules, costs, expert witnesses, limitations, news by tracey

‘Expert witnesses have made a last-minute call to scrap the rule in the new intermediate track for civil claims that limits their reports to 20 pages.’

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Legal Futures, 29th September 2023

Source: www.legalfutures.co.uk

Navigating unadmitted allegations: the cart before the horse – Local Government Lawyer

Posted September 28th, 2023 in children, contact orders, domestic violence, evidence, expert witnesses, families, news by tracey

‘Kristine Lidgerwood provides a self-check for a situation which many practitioners will be familiar with and which applies equally to public law and private law proceedings. The unadmitted allegation.’

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Local Government Lawyer, 28th September 2023

Source: www.localgovernmentlawyer.co.uk

Expert evidence – the importance of independence – Mills & Reeve

‘The rules on expert witnesses in the courts of England and Wales are governed by Part 35 of the Civil Procedure Rules. One of the fundamental principles when it comes to expert evidence is that of independence.’

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Mills & Reeve, 19th September 2023

Source: www.mills-reeve.com

Third Party Costs Orders and Experts: Order Restored – QMLR

Posted August 30th, 2023 in appeals, chambers articles, costs, dentists, expert witnesses, negligence, news by sally

‘Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of the costs incurred by it in the defence of the action brought by the Claimant.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Court of Protection judge hands down ruling on capacity amid “some unhelpful differences of approach to the diagnosis of Learning Disability amongst healthcare professionals” –

‘A Court of Protection judge has determined that a man lacks capacity to make decisions about where he lives, his care, and his use of the internet and social media.’

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Local Government Lawyer, 1st August 2023

Source: www.localgovernmentlawyer.co.uk

UK imposes sanctions on Russian judges for sentencing of Putin opponent – The Guardian

Posted August 1st, 2023 in expert witnesses, judges, news, Russia, sanctions, sentencing, treason by sally

‘The UK government has imposed sanctions on those involved in the “deplorable” sentencing of the dual-national dissident Vladimir Kara-Murza after a Russian court dismissed his appeal against a 25-year sentence.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Third Party Costs Orders and Experts: Order Restored – QMLR

Posted July 25th, 2023 in costs, dentists, expert witnesses, news, third parties by sally

‘Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of the costs incurred by it in the defence of the action brought by the Claimant.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Court of Appeal finds recorder was wrong to decide there was no necessity for psychological assessment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother against care and placement orders made in respect of her son, after finding the recorder was wrong to decide that there was “no necessity for a psychological assessment”.’

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Local Government Lawyer, 11th July 2023

Source: www.localgovernmentlawyer.co.uk

Guidance clarifies use of psychologist expert witnesses in Family Courts to tackle “lack of understanding” of titles and qualifications – Local Government Lawyer

Posted June 27th, 2023 in expert witnesses, family courts, news, professional conduct by sally

‘The British Psychological Society (BPS) and the Family Justice Council (FJC) have issued guidance on the use of psychologists as expert witnesses in the Family Courts, which seeks to fix a “lack of understanding and awareness” that has seen the use of titles in the Family Court System that have “no specific meaning, nor are they protected or regulated”.’

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Local Government Lawyer, 26th June 2023

Source: www.localgovernmentlawyer.co.uk