Expert Witness
Testimonials
“Speculate before you accumulate. I am a long term regular writer and advertiser in 'Your Expert Witness - the Solicitor’s Choice'. This investment pays me substantive dividends; I get more Expert Witness work with every issue. Not only solicitors and barristers but also judges seem to read it. It is a win-win situation. Success breeds success; I must continue to write and advertise.”
Dr Bashir Qureshi. Expert Witness in Cultural, Religious & Ethnic issues in Litigation and also in GP Clinical Negligence, London.
Expert Witness Blog
Queen's Speech and Brexit negotiations set to cause headaches for experts
At the time of writing the country is in a state of turmoil following the result of the General Election. Two events were due to take place on 19 June: the Brexit negotiations were set to kick off at the same time as The Queen’s Speech was outlining the legislative programme for the government – a government that has a somewhat different complexion from the one envisaged when the event was scheduled. Both events look set to be delayed.
Both will contain elements of interest to the expert witness. While any Queen’s Speech incorporates legislation that will need to be interpreted by judges and lawyers, this one will contain the Great Repeal Bill to incorporate a multitude of EU legislation into UK law following Brexit.
The Brexit negotiations, on the other hand, will determine the extent to which the UK goes its own way. Both events will cause huge headaches for those experts, such as engineers and environmental consultants, who will be tasked with understanding just what has gone and what is left.
MORE:
- It’s a busy time for the CQC
- Appointment aims to preserve a tradition of justice for all
- Was Queen’s Speech legislation distracted by referendum?
- Are increased prosecutions a deterrent to fraud?
- No let-up in 'special measures' recommendations for NHS trusts
- Were conciliatory tones just for the occasion - or are we still gearing up for a fight over human rights?
- Go west, young man, if you want to make a buck or two; but don’t sleep in the subway
- Legal profession is at war with itself and the medical experts can’t agree, either
- M'learned friends are fighting among themselves, while the whiplash bug has come back to bite
- Scots start their own legal upheaval and stolen bikes are no joke
Expert Witness News
Conference unites health and legal sectors to improve quality of life for the seriously injured
More than 200 health and legal professionals gathered in Nottingham to celebrate the extraordinary achievements of people who have overcome significant injury and to learn about cutting edge research and developments in the rehabilitation sector.
The ‘Back in the Game’ conference, hosted by the UK’s largest provider of expert witness, assessment and case management services Bush & Company, was held at the Nottingham Belfry Hotel on 6 July, showcasing speakers from the world of sport, prosthetics and law.
Helen Jackson, Managing Director at Bush & Company, explained: “This was a unique opportunity to improve services through knowledge sharing and networking, with so many health and legal professionals all under one roof.
MORE:
- Bush & Company launches annual conference with extraordinary theme
- Solicitors organise catastrophic injury conference
- Maxine to undergo freezing nights to help Burning Nights in epic charity trek!
- Could driverless cars pose challenges for investigators as well as insurers?
- First National Expert Witness Survey 2016 in association with The Times
- No need for Brexit panic over IP laws, says Freeths
- Latest PI measures condemned by lawyers’ leader
- Accuracy strengthens its international project advisory and disputes team with a senior hire and team leader in London
- Divorce – what has been hidden can often be revealed
- Legacy giving on the rise as fundraising goes under the spotlight
Expert Witness Legal News
Investigation into rogue drug testing continues
Randox Testing Services has published an update on its investigation into the manipulation of toxicology data at its laboratories in Manchester and Crumlin.
The statement says: “RTS itself uncovered what it believed was evidence of data manipulation in January 2017 when it acted as whistleblower in reporting its suspicions to the police. The subsequent police enquiry into practices at RTS laboratories and those run by other companies has led to the arrest of two people. A criminal investigation into their alleged activities is on-going.”
The statement goes on to detail the scale of the problem.
MORE:
- Drug driving convictions challenged after lab arrests
- Pimlico Plumbers v Smith Appeal Judgment will help workers in the gig economy says EHRC
- Report into bulk powers welcomed by government
- Landmark asbestosis ruling is good news for sufferers
- Lawyers lose out on £4bn of business from SME’s every year
- Largest-ever legal needs survey published
- Top judge calls for end to ‘needless dispute of science’
- BASC welcomes firearms provision in new Policing and Crime Bill
- Flight delayed passengers CAN claim compensation for delays caused by lightning strikes
- New sentencing guidelines introduced for corporate manslaughter, health and safety and food safety
Expert Witness : Environment
Environmental professionals warn over future outlook
Experts from the Institute of Environmental Management and Assessment (IEMA) have expressed concern about the future implementation of European environmental standards following the UK’s secession from the EU, particularly given the uncertainty thrown up by the election result.
IEMA’s chief policy advisor, Martin Baxter (pictured), said: “The outcome of the general election raises significant challenges, from forming a government to developing and implementing a legislative programme: all against a backdrop of the UK’s Article 50 notification to leave the EU.”
“IEMA members expressed significant concern in the run up to the election on a wide range of sustainability issues including air quality, climate change and circular economy. It is vital that the short-term uncertainties are quickly resolved so that long-term challenges can be properly addressed.”
MORE:
- Campaigners to challenge environmental costs cap removal
- Guidance on flood risk updated
- Get process plant design right from the start, urges Axion Consulting
- Impact Assessments provide a clearer picture
- Perfect Storm for Air Monitors
- SuDS seminar follows opening of consultation
- Climate meeting generates optimism for a final agreement
- Four Scottish committees to scrutinise planning framework
- Electricity plan hopes to stimulate investment in renewables
- Funding initiatives will help promote ‘green’ farming
Expert Witness : Criminal
Hillsborough disaster researcher to speak at national criminology conference
A leading academic known for his investigative work into the 1989 Hillsborough disaster has been named as a keynote speaker at this year's British Society of Criminology (BSC) Conference.
Professor Phil Scraton, criminologist and author from Queen's University Belfast, will be a plenary speaker at the UK's most prestigious criminology conference, which this year is being held at Sheffield Hallam University (July 4 - 7).
The conference, titled 'Forging Social Justice: Local Challenges, Global Complexities', is expected to attract hundreds of practitioners, policy makers, academics and students from the criminology community across the world.
MORE:
- The stakes are too high to simply plod on, legal expert warns as UK mortgage fraud increases by 50%
- Audit office reveals HMRC fraud estimates
- Accurate statistics needed to fight fraud, says panel
- Rioting sentences 'excessive and arbitrary', study claims
- Crime survey shows another fall, while reported crime remains steady
- Criminal courts head for a digital revolution
- Criminal advocacy report prompts swift responses and measured reflection
- Audit office publishes review of changes to criminal justice system
- Legal Aid Agency warns advocates about keeping records
- New criminal offence for jurors tops the list of Law Commission recommendations
Expert Witness : Medico Legal
Fixed fee proposals welcomed – with reservations
New Government proposals for fixing legal fees in medical negligence cases have been given a cautious welcome by lawyers.
The proposals, currently out to consultation, are for a fixed cap on all clinical negligence cases up to £25,000. The aim, says the Department of Health, is to prevent rising litigation costs within the NHS. Currently, there is no limit on legal costs that can be recouped. It is expected the new cap will save the NHS up to £45m a year.
The department cites an instance where costs of £83,000 were claimed for a case in which the patient was awarded £1,000. The total bill for the NHS was £1.5bn in the financial year 2015-16.
Announcing the proposals, Health Secretary Jeremy Hunt (pictured) said: “It’s important that, when significant mistakes happen in the NHS, patients are able to have an open dialogue with a trust about what went wrong, receive reassurance of what is being learnt and can discuss what form of recompense or redress may be appropriate. Legal action should only be one part of this process.
MORE:
- One year on, MedCo is dealing with start-up glitches
- Cost of private practice claims rockets
- What is a pain medicine specialist?
- When ‘never’ in the NHS really means 1,000 times
- Latest report into perinatal maternal deaths welcomed by professions
- South American implants manufacturer has CE Mark suspended
- Scandals continue over NHS trusts as findings are published
- Plastic surgeons call for better informed press reporting
- Francis Review seeks the views of those on the front line
- Health experts encouraged by initial primary school flu pilot results
Expert Witness : Technology
CybSafe to place cyber security training at the heart of Law Society’s services for its members
CybSafe, the GCHQ-accredited cyber security training platform, today announces a partnership with the Law Society, the professional body for solicitors, placing cyber security training at the heart of the Law Society’s information security marketplace. As one of just five certified partners of the Law Society, CybSafe will help to inform the Law Society’s future cyber security training for its members.
Law firms must continue to safeguard the highly sensitive information they work with on a day-to-day basis. According to the Law Society, effective training is essential to combat the substantial and credible threat to the cyber security of UK law firms from increasingly sophisticated cyber attacks.
The partnership will enable Law Society members to better prepare and prevent against the reputational, regulatory and financial risks of cyber attacks. The digitisation of the courts, the increasingly digital work that law firms do, as well as the forthcoming EU General Data Protection Regulation which will set large fines for data breaches, mean greater focus on cyber security for vital sectors such as the legal industry.
MORE:
- Consultant warned of ransomware attack
- CCTV: national strategy launched
- The Law Society of Scotland honoured at new Cyber Awards
- Updated aid to CCTV testing published
- Care home CCTV petition reaches landmark
- Expert analysis can help uncover the truth
- Police film themselves to help avoid doubt
- No address? No problem, we’ll serve injunction via Twitter
- Artificial intelligence in law
- Reforms to HMRC IT system meet with ‘limited success’
Expert Witness : Building and Property
Rights of way and restrictive convenants two of the top issues for developers
Developers have been warned of the importance of ascertaining the details of rights of way and covenants before purchasing land for redevelopment.
Speaking at the “Real Estate Development – Buyer Beware” conference in Bristol last week, Ann Ebberson, partner at solicitors Rosling King, said that it was crucial that developers compare the land against the title and title plan, as some vital details are easy to miss.
Ebberson said: “I have seen a number of sites where the title plan boundary actually falls short of what is on the ground. In one of our most recent cases, the land owner very deliberately retained a strip of land at the front of the title, thus creating a rather nice ransom strip”
Rights of way
The most important things to consider, in terms of rights of way, are:
MORE:
- CIC provides updated guidance on adjudication
- Homebuyers take risks by foregoing surveys, says insurer
- Royal Borough welcomes outcome of Enderby Wharf Judicial Review
- Construction firms fined millions for health and safety offences since February 2016
- FMB welcomes court decision on affordable housing
- Court case triggers new DHF call to check gates for safety
- The alternative to litigation is cost-effective
- Adjudication may not help those who fail to follow statutory payment regime
- Finding the right experts can make all the difference in global construction disputes
- New RIBA contracts for small projects
Expert Witness : Animal & Farming
Scotland set to reintroduce selective ‘tail-docking’
The Scottish Government’s Environment, Climate Change and Land Reform Committee has voted to allow the reintroduction of so-called tail-docking for a number of breeds of hunting dogs. The proposals will allow the removal of up to the end third of the tails of spaniels and hunt point retrievers within five days of being born if they are destined to be working dogs.
The proposal will now go to a vote by the Scottish Parliament.
The docking of dogs’ tails has been banned in Scotland since 2007. However, if changes to legislation are approved, puppies could have their tails shortened where a vet believes they are likely to be used as a working dog and are at risk of serious tail injury in later life.
MORE:
- Changes to dog legislation affect owners
- BASC works with Law Commission to improve firearms law
- Food fraud – the crime in our shopping baskets
- Expert views sought on bovine TB measures
- Consultation launched on pig meat inspection
- Management of deer populations exercises Scottish Parliamentary committee
- Study will develop ‘spotter’ system for meat inspections
- Penalties to increase for dog attacks
- Microchipping helps reunite dogs with owners
- Zoo society goes on the attack over badger cull
Parliament, Legislation And Public Sector
Psychoactive Substances Act: one year on
In May last year the Psychoactive Substances Act came into force. One year on there have been a number of articles published reflecting on the Act and its effectiveness, particularly with reference to the availability of new psychoactive substances, or so-called ‘legal highs’ as they were termed prior to the Act.
In April Home Office Minister Sarah Newton (pictured) reacted to criticism from some quarters of the legislation.
“We have known about the devastating consequences of Spice for some time,” she wrote, “and we have acted to give police the powers they need to take action, making third generation synthetic cannabinoids Class B drugs on a par with ketamine and amphetamines. We will continue to monitor its impact and if we need to do more, we will.”
MORE:
- Parliamentarians form ADR group
- Appeal court overturns animal legacy ruling
- Chancellor's standstill on inheritance tax good news for charities
- New Code of Ethics goes before Parliament
- Committee reports on Scottish reform Bill
- MPs take MoJ to task over contracting out
- Audit office offers two cheers to MoJ on language contract
- Former DPP to head up Labour’s victims’ ‘taskforce’
- Peers call for simplification of power of attorney process
- MPs call for stronger protection of intellectual property
Expert Witness : World News
GDC stance on tooth whitening gets European backing
In recent issues of Your Expert Witness we have highlighted the on-going issue of unqualified people carrying out illegal tooth whitening – and the efforts being made by the General Dental Council (GDC) to bring offenders to book. Since the last issue highlighted a case in Wales there have been prosecutions in Orpington, Salford and London.
At the end of last year the legal position on tooth whitening of the GDC received the backing of the organisation that brings together all European dental regulators. FEDCAR – the Federation of European Dental Competent Authorities and Regulators – published a statement endorsing its approach as the one to be used across Europe.
MORE:
- Law Society awarded special status by UN
- Malaysia opens its doors to foreign law firms
- EU budget fraud: committee votes on standardised rules
- New EU rules will allow easier confiscation of criminal assets
- Europe and US reach agreement on trade regulation
- Consultation launched on future of ECHR and European Court
- Deadline for EC maritime expert group approaches
- FCO can help travellers avoid falling foul of foreign laws
- Law Society warns of “death of free speech” in Fiji
- EU Prosecutor’s Office proposed to fight fraud
