Medico-legal market contracts as Covid hits PI cases – Legal Futures

‘The value of the medico-legal market fell by 18% to £650m last year because of Covid reducing the number of new personal injury cases and slowing down those already in progress.’

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Legal Futures, 8th July 2021

Source: www.legalfutures.co.uk

Capacity to make decisions on care and alcohol dependency – Local Government Lawyer

‘Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.’

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Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

36 Crime Criminal Updates – The 36 Group

‘We are grateful to the contributors to this Newsletter. Sam Skinner’s case note on the recent decision in R -v- Brecani addresses the consequence of this important shift away from accepting as expert evidence the conclusive decisions made by civil servants within the Home Office on referrals for human trafficking and modern slavery. Kate Kelleher provides a timely reminder that the provisions of the Animal Welfare (Sentencing) Act 2021 is in force from 29th June 2021 and provides a commentary on the most notable recent developments in the prosecutions of animal welfare offences. In April and May Catherine Rose and Tom Parker ran a 2-part webinar session on Open-Source Evidence with contributions from a panel of leading experts from the US and UK. Their article is just a taster of the material covered in greater depth in the sessions. A timely warning to apply the basic critical analysis we use in relation to evidence from many scientific fields to all such evidence before relying on it at face value. Mary Prior Q.C. has provided a comprehensive round up in the Crime Bulletin of all the recent decisions of importance in a broad spectrum of procedural and offence-based areas.’

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The 36 Group, 28th June 2021

Source: 36group.co.uk

Judge’s surprise at firm’s failure to ensure “basic compliance” with CPR – Legal Futures

Posted June 29th, 2021 in civil procedure rules, expert witnesses, law firms, news by sally

‘A High Court judge has expressed her surprise at a London law firm’s failure to ensure “basic levels of compliance” with the Civil Procedure Rules by a client and its experts.’

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Legal Futures, 29th June 2021

Source: www.legalfutures.co.uk

The role of the surveyor-expert and their evidence in litigation – Falcon Chambers

Posted June 24th, 2021 in chambers articles, evidence, expert witnesses, news, valuation by sally

‘This article considers how the duties imposed on expert witnesses impact upon the functions of expert surveyors giving valuation evidence tendered in Court and in the Upper Tribunal. We will refer to all tribunals as “the Court” by way of shorthand.’

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Falcon Chambers, 8th June 2021

Source: www.falcon-chambers.com

TCC debars Defendant during trial from relying on its three technical expert reports following numerous breaches of CPR Part 35 – Henderson Chambers

‘The Claimant made an application on day 7 of a TCC trial to debar the Defendant from relying on any of its three technical expert reports and to debar those experts from giving evidence at the trial.’

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Henderson Chambers, 4th June 2021

Source: www.hendersonchambers.co.uk

Medical agency admin fee “not recoverable” as part of fixed costs – Litigation Futures

‘Defendant solicitors have welcomed a ruling that medical agency costs are irrecoverable under the fixed-costs regime.’

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Litigation Futures, 17th June 2021

Source: www.litigationfutures.com

Mason v Laing: Wrongly decided? – No. 5 Chambers

‘Those involved in soft tissue injury cases proceeding under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) may be familiar with paragraph 7.8B of the Protocol.’

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No. 5 Chambers, 11th June 2021

Source: www.no5.com

Judge throws out expert evidence during trial in excoriating ruling – Litigation Futures

‘The High Court has excluded three expert witness statements during the trial after ruling that their opinions appeared “directly influenced” by the instructing party.’

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Litigation Futures, 2nd June 2021

Source: www.litigationfutures.com

Digital forensics experts prone to bias, study shows – The Guardian

Posted June 1st, 2021 in bias, computer programs, evidence, expert witnesses, news by sally

‘Devices such as phones, laptops and flash drives are becoming increasingly central to police investigations, but the reliability of digital forensics experts’ evidence has been called into question.’

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The Guardian, 31st May 2021

Source: www.theguardian.com

‘Lawyers must do better’: Lord Hodge criticises use of expert witnesses – Law Society’s Gazette

Posted May 28th, 2021 in bias, expert witnesses, judges, news, solicitors, statistics by tracey

‘Instructing solicitors must not jeopardise the impartiality of expert evidence, the deputy president of the Supreme Court said today, citing a study which suggests expert witnesses are being used as “hired guns” by lawyers.’

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Law Society's Gazette, 28th May 2021

Source: www.lawgazette.co.uk

The Times, They Are A-Changin’ [Again] – Carmelite Chambers

‘For those practitioners who thought that a positive decision from the Single Competent Authority as to whether a defendant was a victim of trafficking is admissible, having been settled since early 2020 with the Divisional Court decision in DPP v M [2020] EWHC 344 Admin, well…think again.’

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Carmelite Chambers, 20th May 2021

Source: www.carmelitechambers.co.uk

Misdiagnosis case update – Transparency Project

‘The purpose of this judgment is to approve and formalise the local authority’s decision to withdraw its application for care orders, following receipt of medical evidence that the baby did not suffer any non-accidental injury. As the judge points out, the local authority acted correctly in taking proceedings when it did, on the basis of earlier medical evidence (now known to be mistaken), and has also acted correctly in asking the court to agree to end the proceedings on the basis of the new, more specialist, evidence.’

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Transparency Project, 18th May 2021

Source: www.transparencyproject.org.uk

Profession: Expert Witness – Family Law

‘The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or in dissolution settlements. Since the business valuation may be the most significant component of the total matrimonial assets, it needs to be ascertained with care, normally with expert assistance, in order to achieve a fair division of family wealth on divorce.’

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Family Law, 6th May 2021

Source: www.familylaw.co.uk

Section 204 appeals – weighing medical evidence and ending ‘relief duty’ – Nearly Legal

‘Perrott v Hackney London Borough Council, 29 Janaury 2021, Central London County Court and Perrott v Hackney London Borough Council, 29 January 2021, Central London County Court. Two linked s.204 appeals arising from Hackney’s finding that Mr Perrot was not vulnerable for the purposes of priority need – upheld on s.202 review – and Hackney’s decision to end the ‘relief duty’ under section 189B Housing Act 1996, also upheld on review.’

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Nearly Legal, 18th April 2021

Source: nearlylegal.co.uk

Towuaghantse v GMC [2021] EWHC 681 (Admin) Coroner’s findings, independence of experts and registrant denials: this case is not one to put on the “read later” pile – 2 Hare Court

‘It is difficult to know where to start with Towuaghantse v GMC [2021] EWHC 681 (Admin). I will give you a briefest account of the facts in a moment, but potentially Mostyn J’s judgment in this case stands as authority for the following principles:
a. The factual findings of a coroner, and any narrative conclusion, are all admissible against a registrant.
b. Authors of expert reports do not have to be independent in the sense of uninvolved with the institution or any of the players in a case, they are merely subject to a Porter v McGill style test of bias or apparent bias.
c. The capacity of a registrant to remediate sincerely should be judged by reference to evidence unconnected with their denials of the factual charges, unless the fact-finding decision included findings of blatant dishonesty by the registrant (a refinement of the same judge’s recent pronouncements in GMC v Awan [2020] EWHC 1553 (Admin)).’

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2 Hare Court, 30th March 2021

Source: www.2harecourt.com

Cauda Equina Syndrome and Referrals for Investigations: High Court Rejects Claim for Delayed Scan – Ropewalk Clinical Negligence Blog

‘In Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB), the Claimant brought a claim against the Defendant hospital for failing to promptly diagnose Cauda Equina Syndrome (“CES”).’

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Ropewalk Clinical Negligence Blog, 25th February 2021

Source: www.ropewalk.co.uk

“Egregious” failings in expert evidence: a shot across the bows from the Court of Appeal (Criminal Division) – 6KBW College Hill

Posted February 25th, 2021 in conspiracy, evidence, expert witnesses, fraud, news by sally

‘The conjoined appeals in R v Byrne and ors. [2021] EWCA Crim 107 related to the safety of convictions arising from separate trials in which the Crown had instructed the same expert, Andrew Ager. Although the convictions were found to be safe, both Ager himself and the prosecution came in for stark criticism, particularly in light of previous high-profile failings in this area in R v Pabon [2018] EWCA Crim 420. The case provides the clearest reminder to all parties in criminal proceedings to ensure compliance with the requirements relating to expert evidence.’

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6KBW College Hill, 17th February 2021

Source: blog.6kbw.com

Specific Issue Order for Vaccination-including COVID-19: M v H (Private Law Vaccination) [2020] EWFC 93 (15 December 2020) – Parklane Plowden Chambers

‘This hearing before MacDonald J was part of a wider private law dispute between parents regarding the children (P aged 6 and T aged 4) spending time with their father. A finding of fact hearing had already taken place, with a final hearing listed to commence on 21 December 2020. The original application from the father included a specific issue order, initially on MMR vaccination. This was then amended to vaccination in accordance with the NHS vaccination schedule.’

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Parklane Plowden Chambers, 24th February 2021

Source: www.parklaneplowden.co.uk

Provision of support to trafficking victims following a negative conclusive grounds decision – Garden Court Chambers

‘In MN v SSHD [2020] EWCA Civ 1746 the Court of Appeal considered several linked cases brought by victims of trafficking who had received negative Conclusive Grounds decisions.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk