Case commentary in finding of fact hearing – By Mollie Briggs – Park Square Barristers

Posted October 20th, 2022 in care orders, children, doctors, evidence, expert witnesses, news by sally

‘The case involved a fact-finding hearing where the local authority applied for care orders in respect of two children, after the youngest child sustained significant brain injuries following a fall from the father’s arms whilst he was holding the child and picking up the older sibling.’

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Park Square Barristers, 18th October 2022

Source: www.parksquarebarristers.co.uk

Diagnosis and Management of Strokes in Emergency and Primary Care Settings – Ropewalk Chambers

Posted October 20th, 2022 in causation, chambers articles, expert witnesses, medical treatment, news by sally

‘The diagnosis and treatment of suspected strokes and transient ischaemic attacks (TIAs) is a very broad topic. Depending on the context, determination of the issue of breach of duty is likely to involve consideration of relevant NICE guidance and individual NHS Trust guidelines. It is invariably fact-sensitive and involves detailed expert evidence. Even when breach of duty is not in issue and/or is established in evidence, causation is likely to be contentious in all but the clearest of cases due to the absence of definitive evidence or trial data regarding the efficacy of anticoagulant treatment.’

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Ropewalk Chambers, 11th October 2022

Source: www.ropewalk.co.uk

‘Claims I had sexsomnia destroyed my rape case’ – BBC News

‘Jade McCrossen-Nethercott’s rape case was dropped by the Crown Prosecution Service (CPS) because of claims she had an episode of a rare sleep condition called “sexsomnia”. As a result, the CPS no longer believed they could secure a conviction. But Jade challenged the decision and spent months reinvestigating.’

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BBC News, 5th October 2022

Source: www.bbc.co.uk

Firm fails in bid for injunction to stop use of letter it disclosed in error – Legal Futures

Posted August 26th, 2022 in disclosure, evidence, expert witnesses, injunctions, law firms, news, privilege by tracey

‘The High Court has refused a leading law firm an injunction to stop an opposing party making a use of a document it disclosed by mistake that cast doubt on an expert’s independence.’

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Legal Futures, 26th August 2022

Source: www.legalfutures.co.uk

Family Public Law … Choosing an Expert – Becket Chambers

Posted August 16th, 2022 in expert witnesses, family courts, news, practice directions by sally

‘When it is decided that it is “necessary” – and that is the first question to be decided by the Court (Practice Direction 25 of the Family Procedure Rules 2010) – this should be as early as possible within the start of proceedings.’

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Becket Chambers, 11th August 2022

Source: becket-chambers.co.uk

Lord Hamblen, Keynote Speech – Supreme Court

Posted July 1st, 2022 in barristers, expert witnesses, judges, judiciary, speeches by tracey

‘Lord Hamblen, Keynote Speech. Expert Witness Institute Online Conference 2022.’

Full speech

Supreme Court, 30th June 2022

Source: www.supremecourt.uk

Family Justice Council makes recommendations on avoiding conflicts of interest using psychologist expert witnesses in cases of alleged alienation – Local Government Lawyer

‘Interim guidance from the Family Justice Council (FJC), published last month, has highlighted how to avoid conflicts of interest when using psychologist expert witnesses in family court cases involving allegations of alienating behaviours.’

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Local Government Lawyer, 20th June 2022

Source: www.localgovernmentlawyer.co.uk

Questions over use of ‘psychological experts’ in parental alienation cases – The Guardian

‘Mothers are having their children taken away by court-appointed “psychological experts” who are unregulated and do not have the necessary qualifications, the Association of Clinical Psychologists UK has warned.’

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The Guardian, 12th June 2022

Source: www.theguardian.com

Experts on Trial – 4KBW

‘Chris Bryden and Georgia Whiting write in the April edition of Construction Law, examining case law surrounding the role of expert witnesses, which suggests a worrying trend towards a loosening of the established principles of how experts should behave, and are instructed.’

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4KBW, 4th May 2022

Source: www.4kbw.co.uk

Claimant Benevolence in a Clinical Negligence Setting, by Tom Bourne-Arton – Farrar’s Building

‘Tom Bourne-Arton reviews the relatively recent case of Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB) in which HHJ Kelly had to consider, amongst other matters, whether it was appropriate to apply “Claimant benevolence” otherwise known as “Keefe benevolence” when determining causation.’

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Farrar's Building, 4th May 2022

Source: www.farrarsbuilding.co.uk

Acoustic shock claim back on after ‘fundamental error’ – Law Society’s Gazette

‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’

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Law Society's Gazette, 5th May 2022

Source: www.lawgazette.co.uk

County council defends High Court claim brought after driver killed by falling tree – Local Government Lawyer

‘Hampshire County Council was not in breach of its duty, nor was it negligent when a tree fell onto a road killing a father of three, the High Court has ruled.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Judge could hand down judgment despite settlement – Legal Futures

‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’

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Legal Futures, 20th April 2022

Source: www.legalfutures.co.uk

Artist injured by stolen motorbike awarded £3m damages after High Court trial – The Independent

‘An artist who wanted around £30 million damages after suffering a serious head injury when he was hit by a stolen motorcycle more than six years ago has been awarded about £3 million by a High Court judge.’

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The Independent, 14th April 2022

Source: www.independent.co.uk

Testamentary Capacity: Hughes v Pritchard in the Court of Appeal – St John’s Buildings

Posted April 8th, 2022 in appeals, chambers articles, evidence, expert witnesses, families, news, probate, wills by sally

‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’

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St John's Buildings, 4th April 2022

Source: stjohnsbuildings.com

Can Arslan found guilty of murdering neighbour – BBC News

Posted April 6th, 2022 in expert witnesses, mental health, murder, news by sally

‘A man who subjected his neighbours to years of anti-social behaviour before stabbing one of them to death has been found guilty of murder.’

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BBC News, 5th April 2022

Source: www.bbc.co.uk

Limiting the scope of psychiatric evidence in criminal trials – Case Analysis – R v BRM [2022] EWCA Crim 385 – 4 King’s Bench Walk

‘The case related to the murder of Ollie Stephens, the trial of which occurred at Reading Crown Court in June to July 2021 and was widely reported in the national media. Mr Raggatt and Mr Moss appeared on behalf of BRM, instructed by Heather Howe of Andrew Storch Solicitors, a 14 year-old boy, 13 at the time of the killing, with a longstanding diagnosis of Asperger’s/Autistic Spectrum Disorder (ASD). An intermediary assisted him throughout the trial and during the giving of evidence.’

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4 King's Bench Walk, 1st April 2022

Source: www.4kbw.co.uk

Solicitors and expert’s “serious trangressions” see evidence thrown out – Legal Futures

Posted March 8th, 2022 in evidence, expert witnesses, news, noise, nuisance, pollution, solicitors by tracey

‘A High Court master has revoked permission for the claimants in a group action to rely on an expert’s evidence because of “serious transgressions” by him and the group’s solicitors.’

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Legal Futures, 8th March 2022

Source: www.legalfutures.co.uk

Causation Strikes Again: Dalchow v St George’s University NHS Foundation Trust – Ropewalk Clinical Negligence Blog

Posted January 28th, 2022 in causation, chambers articles, expert witnesses, medical treatment, negligence, news by tracey

‘On 20 January 2022, Hugh Southey QC (sitting as a Deputy Judge of the High Court) handed down judgment in the case of Dalchow v St George’s University NHS Foundation Trust [2022] EWHC 100 (QB). The decision gives rise to some interesting considerations on causation and the judicial assessment of expert evidence, and provides a useful illustration of the application of Wisniewski v Central Manchester Health Authority [1998] PIQR P324.’

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Ropewalk Clinical Negligence Blog , 25th January 2022

Source: www.ropewalk.co.uk

Colston’s firm enslaved the most Africans, David Olusoga tells Bristol court – The Guardian

‘Edward Colston was “chief executive officer” of a company responsible for enslaving more Africans than any other in British history, the historian David Olusoga has told a court, as defendants argued they acted “lawfully” in toppling his statue.’

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The Guardian, 16th December 2021

Source: www.theguardian.com