Leading firm held liable for asbestos case blunder – Legal Futures

‘The High Court has ordered Cardiff-based Hugh James to pay six-figure damages to the family of an asbestos victim for professional negligence in abandoning their personal injury claim.’

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Legal Futures, 1st May 2019

Source: www.legalfutures.co.uk

Bridle-ing at a SAR? – Panopticon

Posted April 25th, 2019 in asbestos, data protection, expert witnesses, news by tracey

‘Sometimes the Easter Bunny comes bearing mysteriously non-egg shaped gifts to the data protection practitioner. The judgment of the always-worth-reading Warby J in Rudd v Bridle & J&S Bridle Ltd [2019] EWHC 893 (QB) is just such a delivery, albeit that this one appears to contain a high content of asbestos.’

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Panopticon, 18th April 2019

Source: panopticonblog.com

MPs call for inquiry into alleged forgery of signatures – BBC News

Posted March 29th, 2019 in banking, documents, expert witnesses, forgery, fraud, inquiries, news, sentencing by tracey

‘MPs are pressing the Treasury Select Committee to open an immediate inquiry into the alleged forgery of signatures in bank court documents.’

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BBC News, 29th March 2019

Source: www.bbc.co.uk

The President’s guidance on anonymisation in published judgments – Transparency Project

‘On 7 December 2018, Sir Andrew McFarlane, the President of the Family Division, issued some practice guidance to judges entitled Practice Guidance: anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena(see January [2019] Fam Law 68). In it, he refers to a report written by Julia Brophy and published by the Association of Lawyers for Children (ALC) in July 2016 (J Brophy, Anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena: judicial guidance, available on the ALC and Nuffield Foundation websites).’

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Transparency Project, 12th March 2019

Source: www.transparencyproject.org.uk

UK court ruling raises hopes of asylum for torture survivors – The Guardian

Posted March 7th, 2019 in appeals, asylum, expert witnesses, immigration, news, torture by tracey

‘Tens of thousands of torture survivors could find it easier to secure sanctuary in the UK after a ruling by the supreme court.’

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The Guardian, 6th March 2019

Source: www.theguardian.com

Judge rejects bid to exit shorter trial scheme – Litigation Futures

Posted February 22nd, 2019 in case management, disclosure, evidence, expert witnesses, news, patents by tracey

‘A judge has refused a party’s application to remove their case from the shorter trial scheme.’

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Litigation Futures, 22nd February 2019

Source: www.litigationfutures.com

Challenging Interim Threshold – Family Law Week

‘Anna McKenna QC, 1 King’s Bench Walk, Emily Boardman, partner, Boardman, Hawkins & Osborne LLP and Anna Sutcliffe, barrister, 1 King’s Bench Walk consider the circumstances when it may be appropriate to challenge interim threshold findings in an alleged NAI case without waiting for evidence from a single joint expert.’

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Family Law Week, 30th January 2019

Source: www.familylawweek.co.uk

Court berates “most unsatisfactory” expert evidence – Litigation Futures

Posted January 24th, 2019 in Commercial Court, evidence, expert witnesses, news by tracey

‘Claimants and their lawyers could not just blame their expert for the “most unsatisfactory” state of his evidence, the Commercial Court has said in refusing to allow them to bring an important part of a huge commercial claim. Mr Justice Males said parties and their lawyers had to step in when they were aware of a problem.’

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Litigation Futures, 24th January 2019

Source: www.litigationfutures.com

Experts’ Agendas – a Warning from the Bench – No. 5 Chambers

Posted December 14th, 2018 in civil procedure rules, expert witnesses, news, practice directions by sally

‘“It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do not think that anything further needs to be said or done in this case. However, if this worrying trend continues, parties may find that courts begin considering costs consequences.” – Mrs Justice Yip commenting on the experts’ agendas in the recent case of Welsh v Walsall Healthcare NHS Trust 2018 EWHC 1917 QB.’

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No. 5 Chambers, 10th December 2018

Source: www.no5.com

Speech by Lord Justice McFarlane: Bond Solon Experts Conference 2018 – Courts and Tribunals Judiciary

Posted November 12th, 2018 in expert witnesses, family courts, speeches by tracey

‘As a family judge, and now the judge responsible for the family justice system throughout England and Wales, I am very pleased to be able to address this conference and to take the opportunity to say something about the role of experts in family proceedings, the role of experts more generally before concluding, on a topic which may be of general interest to each of you, by saying something about the radical changes which are currently being developed and implemented in every court and tribunal and in every area of jurisdiction, be it criminal, civil or family law.’

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Courts and Tribunals Judiciary, 9th November 2018

Source: www.judiciary.gov.uk

The Advocate and the Expert in the Court of Protection – Expert Witness

Posted November 6th, 2018 in advocacy, barristers, case management, Court of Protection, expert witnesses, news by sally

‘The aim of this article is to explore the practical interface between the advocate and the expert in proceedings before the Court of Protection (‘COP’), and is written for both lawyers and experts. Unless otherwise stated, all statutory references are to the Mental Capacity Act 2005 (‘MCA’), and the person over whom the court has jurisdiction is referred to a ‘P’.’

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Expert Witness, 5th November 2018

Source: scoop-cms.s3-eu-west-1.amazonaws.com

Jail for PI lawyer who lied in witness statements – Legal Futures

‘A solicitor described by a High Court judge as a “thoroughly dishonest man” has been jailed and a medical expert who produced an “astonishing” 32 reports a day handed a suspended prison sentence for civil contempt of court.’

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Legal Futures, 10th October 2018

Source: www.legalfutures.co.uk

Speech by Sir Ernest Ryder, Senior President of Tribunals: Experts under the Judicial Microscope – Courts and Tribunals Judiciary

Posted October 9th, 2018 in expert witnesses, judges, speeches, tribunals by tracey

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Experts under the Judicial Microscope.’

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Courts and Tribunals Judiciary, 8th October 2018

source: www.judiciary.uk

Disciplined solicitor blames failings on legal aid cuts – Legal Futures

Posted September 25th, 2018 in costs, disciplinary procedures, expert witnesses, legal aid, news, solicitors by sally

‘A criminal sole practitioner has been fined for offences including failure to distribute legal aid payments for professional disbursements, which he blamed on having laid off a manager after the firm suffered from government cutbacks.’

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Legal Futures, 25th September 2018

Source: www.legalfutures.co.uk

Expert who sent first draft of evidence to solicitors “not a hired gun” – Litigation Futures

Posted August 17th, 2018 in drafting, evidence, expert witnesses, news, solicitors by sally

‘It was “a serious transgression” for an expert witness to make changes to his evidence after sending a first draft to his client’s solicitors, the High Court has ruled.’

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Litigation Futures, 16th August 2018

Source: www.litigationfutures.com

Advocate and expert – asking for trouble – Nearly Legal

Posted August 14th, 2018 in advocacy, expert witnesses, news, rates, surveyors, tribunals, valuation by sally

‘Non-domestic rating is not something we usually cover on this blog. It is, after all, not about housing. But the decision of the Upper Tribunal (Lands Chamber) in Gardiner & Theobold LLP v Jackson (Valuation Officer) [2018] UKUT 253 (LC) goes much wider.’

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Nearly Legal, 13th August 2018

Source: nearlylegal.co.uk

Senior judge warns experts over conditional fee agreements – Litigation Futures

Posted August 9th, 2018 in disciplinary procedures, expert witnesses, fees, news by tracey

‘The president of the Upper Tribunal’s Lands Chamber has warned expert witnesses that it could refer them to their professional bodies if they break the rules on conditional fees.’

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Litigation Futures, 8th August 2018

Source: www.litigationfutures.com

Paediatricians as Expert Witnesses in the Family Courts in England and Wales: Standards, competencies and expectations – Courts and Tribunals Judiciary

Posted August 9th, 2018 in children, doctors, expert witnesses, family courts by tracey

‘Produced by the Family Justice Council and the Royal College of Paediatrics and Child Health, this guide directs the reader to discipline-specific information with regards to paediatricians as expert witnesses. It is intended to be used by all stakeholders as a companion document to the generic expert witness standards set out in Part 25 of the Family Procedure Rules.’

Full text

Courts and Tribunals Judiciary, 7th August 2018

Source: www.judiciary.uk

Capacity in the context of Prader-Willi syndrome – Family Law

Posted July 31st, 2018 in disabled persons, expert witnesses, mental health, news, social services by sally

‘Ella Anderson, barrister at Spire Barristers, discusses the practical implications of the judgment in Re FX [2017] EWCOP 36 – the first ever reported decision to consider questions of capacity in the context of Prader-Willi syndrome, a rare genetic disorder which causes a range of physical, learning and behavioural difficulties.’

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Family Law, 30th July 2018

Source: www.familylaw.co.uk

The risks to litigants in person when cross-examining psychologist expert witnesses – Family Law

Posted June 26th, 2018 in cross-examination, expert witnesses, news, psychiatrists by sally

‘Many psychologist expert witnesses, from professional bodies (British Psychological Society) to more informal expert witness networks, have raised concerns about the impact of this practice. The concerns fall into three main areas: the potential harm of conducting such a cross-examination to the litigants in person (LiPs) in question; potential breaches of ethical conduct for the psychologist expert; and the potential impact on the quality of the evidence. This paper hopes to set out these issues and invites discussion as to potential guidance and remedy.’

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Family Law, 28th June 2018

Source: www.familylaw.co.uk