Unreliable forensic toxicology tests – next steps – Family Law

‘Family analysis: The Ministry of Justice (MoJ) has announced that it is treating some hair strand test results as potentially unreliable. Maud Davis, partner at TV Edwards LLP looks at what this could mean for proceedings involving children where there was a reliance on hair strand testing, and suggests next steps for family practitioners advising in this area.’

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Family Law, 7th December 2017

Source: www.familylaw.co.uk

‘We believe you harmed your child’: the war over shaken baby convictions – The Guardian

Posted December 8th, 2017 in child abuse, child cruelty, evidence, expert witnesses, forensic science, news by sally

‘Expert witnesses who claim parents have been wrongly accused have been vilified and struck off. But the science is anything but certain. What happens to the truth when experts can’t agree?’

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The Guardian, 8th December 2017

Source: www.theguardian.com

New hot-tubbing and ‘costs of costs management’ rules come into force – Litigation Futures

‘Variations that judges can adopt in orders for concurrent expert evidence – known as ‘hot-tubbing’ – came into force last week, along with a new provision that clarifies how the costs of costs management should be calculated.’

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Litigation Futures, 1st December 2017

Source: www.litigationfutures.com

Court of Appeal rejects NHS challenge to taking out clinical negligence ATE at start of case – Litigation Futures

Posted November 29th, 2017 in costs, expert witnesses, insurance, negligence, news by sally

‘Clinical negligence claimants can continue to take out after-the-event (ATE) insurance for expert reports when they enter into conditional fee agreements, and premiums will be recoverable even if the case settles before the reports are commissioned, the Court of Appeal has decided in a major ruling today.’

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Litigation Futures, 28th November 2017

Source: www.litigationfutures.com

Expert Shopping Considered Again – by Fiona Ross – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, expert witnesses, news, personal injuries by sally

‘An action was brought by a Claimant child for serious injuries she sustained in a road traffic accident. She recovered 90% of her claim in a liability trial however it was agreed between the parties that a preliminary issue should be tried as to whether her severe developmental abnormalities had been caused by the accident.’

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Park Square Barristers, 22nd November 2017

Source: www.parksquarebarristers.co.uk

Age Assessment: Dental Assessments, Appearance and the Benefit of the Doubt – Garden Court Chambers

‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Further education college wins court battle with vending company over fire – Local Government Lawyer

Posted November 22nd, 2017 in damages, evidence, expert witnesses, fire, judges, local government, news, statutory duty by sally

‘A judge has held a vending machine company responsible for fire damage at a further education college after a complex dispute involving conflicting views among expert witnesses.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

Hodge urges judges and lawyers to improve “scientific literacy” to understand expert evidence – Litigation Futures

Posted October 20th, 2017 in evidence, expert witnesses, judges, judiciary, legal profession, news by sally

‘A Supreme Court justice has called for judges and lawyers to improve their “scientific literacy” to ensure they did their job effectively in cases involving expert evidence.’

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Litigation Futures, 19th October 2017

Source: www.litigationfutures.com

Expert Evidence: use, abuse and boundaries, Lord Hodge – Supreme Court

Posted October 19th, 2017 in expert witnesses, judges, speeches by tracey

‘Middle Temple Guest Lecture Expert Evidence: use, abuse and boundaries,  Lord Hodge, Justice of The Supreme Court 9 October 2017.’

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Supreme Court, 12th October 2017

Source: www.supremecourt.uk

Hair Strand Testing for Cocaine – Family Law Week

Posted October 13th, 2017 in children, drug abuse, expert witnesses, forensic science, guardianship, news by tracey

‘Emily James and Kate Tompkins, barristers of 36 Family, consider a new judgment in which Sir Peter Jackson affirmed, and offered guidance on, current testing arrangements.’

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Family Law Week, 12th October 2017

Source: www.familylawweek.co.uk

Expert’s evidence was extraordinary and “shot through with breath taking arrogance” – Practical Law: Construction Blog

Posted October 11th, 2017 in conflict of interest, disclosure, evidence, expert witnesses, judges, news, trials by tracey

‘For those of who have a weekly blog to populate with content, the court’s summer recess can prove to be a challenging time. It leads us to cast our net further afield looking for ideas and cases to highlight. That is why, this week, I’m looking at two cases from August, one a personal injury claim from the County Court in Leeds, the other an intellectual property dispute from the Chancery Division. What both have in common are some choice words about the parties’ expert evidence. I know Jonathan has looked at this topic twice in recent months but, as I said, we’ve had the summer recess and these comments are just too bloggable to be ignored!’

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Practical Law: Construction Blog, 10th October 2017

Source: constructionblog.practicallaw.com

Vulnerability, medical evidence & Now Medical – Nearly Legal

Posted October 5th, 2017 in expert witnesses, homelessness, local government, mental health, news by tracey

‘Thomas v Lambeth LBC, County Court at Central London, 16 March 2017. This is a s.204 appeal in the County Court of a vulnerability decision by Lambeth. Of particular interest is that the judgment concerns and indeed turns on Now Medical reports on the homeless applicant and the use made of them by LB Lambeth on s.184 decision and on s.202 review.’

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Nearly Legal, 3rd October 2017

Source: nearlylegal.co.uk

We need openness, not the “team view”, senior judges tell experts – Litigation Futures

Posted September 26th, 2017 in criminal justice, expert witnesses, inquests, news by sally

‘Senior judges have called on expert witnesses to show greater openness and avoid “hiding behind the team view”.’

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Litigation Futures, 25th September 2017

Source: www.litigationfutures.com

Fatal accident damages: a recent case: life expectancy; damages for loss of services & loss of care & attention – Zenith PI

Posted September 11th, 2017 in accidents, compensation, damages, expert witnesses, health, judges, news, personal injuries, widows by tracey

‘In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.’

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Zenith PI, 10th September 2017

Source: zenithpi.wordpress.com

Don’t reject legal aid application with ‘tick-box’ letter, judge says – Law Society’s Gazette

Posted August 25th, 2017 in documents, expert witnesses, fees, judges, judgments, legal aid, news by sally

‘A family judge has told the Legal Aid Agency not to issue a letter ‘almost akin to a tick-box form’ should it refuse to pay an expert’s fee in a case involving a three-month old boy at the centre of care proceedings.’

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Law Society's Gazette, 24th August 2017

Source: www.lawgazette.co.uk

Costs judge rejects £10k ATE challenge based on ‘hindsight’ – Law Society’s Gazette

Posted August 25th, 2017 in costs, evidence, expert witnesses, insurance, judges, negligence, news by sally

‘A costs judge has rejected a defendant’s attempt to deprive a clinical negligence claimant of their £10,000 insurance premium.’

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Law Society's Gazette, 24th August 2017

Source: www.lawgazette.co.uk

Expert witness wins apology and payment from Legal Aid Agency – Law Society’s Gazette

Posted July 18th, 2017 in complaints, expert witnesses, fees, legal aid, news, ombudsmen, reports by tracey

‘The Legal Aid Agency has been told to directly apologise and pay £10,000 to an expert witness in immigration cases for causing him distress, inconvenience and financial loss by excessively auditing his bills.’

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Law Society's Gazette, 17th July 2017

Source: www.lawgazette.co.uk

Rule committee takes ‘softly, softly’ approach to expanding approach to hot-tubbing – Litigation Futures

Posted July 14th, 2017 in civil procedure rules, expert witnesses, news, practice directions by tracey

‘The Civil Procedure Rule Committee (CPRC) agreed minor variations that judges can adopt in orders for concurrent expert evidence – known as “hot-tubbing” – but acknowledged the changes it has approved to the CPR are “not as radical” as had been recommended by the Civil Justice Council (CJC).’

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Litigation Futures, 14th July 2017

Source: www.litigationfutures.com

Rule committee opts for straightforward approach to hot-tubbing – Litigation Futures

Posted June 27th, 2017 in civil procedure rules, expert witnesses, news by tracey

‘Concurrent expert evidence – known as hot-tubbing – should only be carried out in the “classic” manner where experts are sworn and give evidence at the same time, the Civil Procedure Rule Committee (CPRC) has decided.’

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Litigation Futures, 27th June 2017

Source: www.litigationfutures.com

Expert witnesses jailed in London after perjury on ‘industrial scale’ – The Guardian

‘Seven expert witnesses who fabricated evidence about the cost of replacement hire cars for motorists in road crashes have been jailed.’

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The Guardian, 16th June 2017

Source: www.theguardian.com