expert witnesses – Current Awareness

Ban on unregulated experts in family courts proposed for England and Wales – The Guardian

Posted March 24th, 2025 in children, expert witnesses, family courts, news by sally

‘Unregulated experts could be banned from the family courts under new proposals for proceedings involving children in England and Wales. The Family Procedure Rule Committee, which sets the rules in family court cases, has proposed changes to the rules, which are now out for public consultation. It follows growing concern from MPs and campaigners about court-appointed experts who advise on life-changing decisions without having the necessary qualifications. But some organisations say it does not go far enough.’

The Guardian, 22nd March 2025

Source: www.theguardian.com

MJF: a re-emphasis on statements of case and evidential rigour – 1 QMLR

Posted March 6th, 2025 in chambers articles, damages, evidence, expert witnesses, medical treatment, negligence, news, witnesses by sally

‘The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in her condition. The importance of the case to practitioners lies not in its determination on substantive law, but in the Judge’s observations on (i) statements of case; (ii) witness statements and witness evidence; and (iii) expert evidence.’

1 QMLR, 6th March 2025

Source: 1corqmlr.com

‘Badly amiss’: Judge blasts £100k case wrongly issued in London – Law Society’s Gazette

Posted March 4th, 2025 in accidents, case management, costs, county courts, courts, damages, deceit, expert witnesses, law firms, legal representation, London, news, personal injuries, solicitors, Wales by sally

‘Something had gone “badly amiss” for a six-figure claim over an accident in Wales to be litigated in London’s Royal Courts of Justice, a judge has said.’

Law Society's Gazette, 4th March 2025

Source: www.lawgazette.co.uk

The limits of discretion in case management decisions – Quarterly Medical Law Review

Posted February 11th, 2025 in case management, chambers articles, delay, expert witnesses, medical treatment, negligence, news by sally

‘Prescott-Brann v Chelsea and Westminster Hospital NHS Foundation Trust [2024] EWHC 3314 (KB). The underlying claim was an action in clinical negligence. The Claimant’s case was that a negligent delay in the diagnosis and treatment of his stroke had caused or materially contributed to an ongoing thromboembolic event in his left vertebral artery, thereby worsening a neurological injury. The claim was brought against two defendants: the hospital trust and a diagnostic clinician.’

Quarterly Medical Law Review, 6th February 2025

Source: 1corqmlr.com

What is the new challenge to the evidence used to convict Lucy Letby? – The Guardian

Posted February 4th, 2025 in children, Criminal Cases Review Commission, evidence, expert witnesses, hospitals, murder, news, nurses by sally

‘Letby’s legal team is preparing to submit a case to the body that investigates potential miscarriages of justice.’

The Guardian, 4th February 2025

Source: www.theguardian.com

Lucy Letby latest: Experts to reveal ‘significant new medical evidence’ questioning child killer’s guilt – The Independent

Posted February 4th, 2025 in children, Criminal Cases Review Commission, evidence, expert witnesses, hospitals, murder, news, nurses by sally

‘An international panel of experts in the care of newborn babies will present what they say is “significant new medical evidence” in the case of convicted child serial killer Lucy Letby.’

The Independent, 4th February 2025

Source: www.independent.co.uk

Experts in mediation – a case study – Kingsley Napley Family Law Blog

Posted January 30th, 2025 in dispute resolution, divorce, expert witnesses, financial advice, news, pensions by sally

‘When dealing with the arrangements following separation, sometimes individuals need more than just the advice of a solicitor. Experts are frequently brought in to advise on specialist areas, such as taxation and pensions. The court process is adversarial in nature, and as such can easily become a breeding ground for polarised views and distrust. Expert opinions relied on by one party can be viewed with suspicion by the other, leading to lengthy (and costly) questions about, or submissions in respect of, those opinions. Each person may feel it necessary to seek their own expert advice in the background…double the experts usually means double the costs, reducing the total resources left to be shared.’

Kingsley Napley Family Law Blog, 29th January 2025

Source: www.kingsleynapley.co.uk

Samrai v Kalia [2024]: lessons for experts and the difficulties in establishing fundamental dishonesty – 12KBW

Posted January 30th, 2025 in chambers articles, expert witnesses, fundamental dishonesty, news, witnesses by sally

‘Alex Carington examines the lessons for experts and the difficulties in establishing fundamental dishonesty in a recent decision on sexual abuse, Samrai v Kalia [2024] EWHC 3143 (KB).’

12KBW, 20th January 2025

Source: pilawblog.com

Renewed homeless applications and new facts – Nearly Legal

Posted January 27th, 2025 in appeals, expert witnesses, homelessness, housing, judicial review, local government, mental health, news by sally

‘Ivory, R (On the Application Of) v Welwyn Hatfield Borough Council (2025) EWCA Civ 21. A second appeal to the Court of Appeal from a judicial review of Welwyn Hatfield’s rejection of a homelessness application by Ms Ivory, on the basis that it was based on the same facts as a previous application by Ms Ivory on which Welwyn had decided no full housing duty was owed as Ms Ivory was intentionally homeless.’

Nearly Legal, 26th January 2025

Source: nearlylegal.co.uk

Successive applications for homelessness assistance and new facts – Local Government Lawyer

Posted January 27th, 2025 in appeals, expert witnesses, homelessness, housing, judicial review, local government, mental health, news by sally

‘Toby Vanhegan and Stephanie Lovegrove analyse a Court of Appeal ruling on whether a council was justified in declining to accept an application under section 183 of the Housing Act 1996 on the ground that it was based on the same facts as a previous application.’

Local Government Lawyer, 24th January 2025

Source: www.localgovernmentlawyer.co.uk

R v Jones Case Comment: Running diminished responsibility without an expert – Pump Court Chambers

Posted January 23rd, 2025 in chambers articles, diminished responsibility, expert witnesses, homicide, news by sally

‘Diminished responsibility is one of the partial defences available to those charged with murder. If a defendant is found to have had diminished responsibility during the commission of the offence, they are not acquitted but rather found guilty of voluntary manslaughter by reason of diminished responsibility.’

Pump Court Chambers, 20th December 2025

Source: www.pumpcourtchambers.com

Samrai v Kalia [2024]: lessons for experts and the difficulties in establishing fundamental dishonesty – 12 KBW

Posted January 21st, 2025 in chambers articles, clergy, evidence, expert witnesses, fundamental dishonesty, news, sexual offences by sally

‘Alex Carington examines the lessons for experts and the difficulties in establishing fundamental dishonesty in a recent decision on sexual abuse, Samrai v Kalia [2024] EWHC 3143 (KB).’

12 KBW, 20th January 2025

Source: 12kbw.co.uk

Expert Evidence in Immigration and Asylum Appeals – EIN Blog

Posted January 8th, 2025 in appeals, asylum, expert witnesses, immigration, news, video recordings by sally

‘In the second in a series of videos on November 2024’s new Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal, barrister Adam Pipe explains the significant new requirements for expert evidence and expert reports.’

EIN Blog, 7th January 2024

Source: www.ein.org.uk

Scope of duty, “moral turpitude” and adverse inferences: Melia v Tamlyn and Son Limited – Hailsham Chambers

Posted December 19th, 2024 in chambers articles, evidence, expert witnesses, negligence, news, planning, surveyors by sally

‘The case of Melia v Tamlyn and Son Limited tackles several key issues in professional negligence, including the scope of duty post-MBS, approach to conflicts of evidence, and the significance of unlawful conduct.’

Hailsham Chambers, 4th December 2024

Source: www.hailshamchambers.com

Lucy Letby’s lawyers seek fresh appeal after saying expert witness ‘changed his mind’ over deaths – The Independent

Posted December 17th, 2024 in children, expert witnesses, murder, news, nurses by sally

‘Lucy Letby’s lawyers are seeking to launch a fresh appeal over her convictions after claiming the prosecution’s lead witness was “not reliable”. The serial killer nurse’s barrister, Mark McDonald, said he would immediately seek permission from the Court of Appeal to take the “exceptional, but necessary, decision” to apply to reopen her case.’

The Independent, 16th December 2024

Source: www.independent.co.uk

Judge castigates expert who was “prepared to mislead the court” – Legal Futures

Posted December 13th, 2024 in civil procedure rules, contempt of court, cross-examination, expert witnesses, news by sally

‘The High Court has rejected the evidence of an expert witness who had “little or no regard” to the Civil Procedure Rules and was “prepared materially to mislead the court”.’

Legal Futures, 13th December 2024

Source: www.legalfutures.co.uk

New guidance on ‘parental alienation’ in family court battles – BBC News

Posted December 11th, 2024 in children, codes of practice, divorce, domestic violence, expert witnesses, families, family courts, news by sally

‘Family courts in England and Wales should give more weight to allegations of domestic abuse than to claims of “parental alienation”, according to new guidance.’

BBC News, 11th December 2024

Source: www.bbc.co.uk

Capacity in Sexual Relations: Court of Appeal Overturns Decision in ZX Case – 39 Essex Chambers

Posted December 5th, 2024 in causation, chambers articles, consent, Court of Protection, criminal justice, expert witnesses, news, psychiatrists, young persons by sally

’39 Essex Chambers barristers Victoria Butler-Cole KC and Francesca Gardner acted for a client, ZX, by his litigation friend the Official Solicitor, in a successful appeal of a decision that ZX lacked capacity to engage in sexual relations.’

39 Essex Chambers, 3rd December 2024

Source: www.39essex.com

Injuries and Part 25 experts – Local Government Lawyer

Posted November 20th, 2024 in accidents, care orders, child cruelty, children, expert witnesses, families, family courts, local government, news by sally

‘Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.’

Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court – Courts and Tribunals Judiciary

Posted November 11th, 2024 in child abuse, child cruelty, children, expert witnesses, families, family courts, judges, news, speeches by sally

‘Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court.’

Courts and Tribunals Judiciary, 7th November 2024

Source: www.judiciary.uk

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