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Expert Witness Blog
Scotland’s lawyers celebrate platinum
This year sees the 70th anniversary of The Law Society of Scotland. Given that the legal systems in Scotland and England have been famously different for centuries, it seems perverse that the country’s lawyers only acquired their own representative body less than one of those centuries ago. In fact the principal was established in 1933, but the little matter of World War Two got in the way of its implementation.
Nevertheless, a platinum anniversary is something to be celebrated and Scotland’s advocates are determined to do just that: especially as it coincides with the centenary of the Sex Disqualification (Removal) Act, which paved the way for women to become solicitors for the first time.
MORE:
- Solidarity breaks out over NHS Long Term Plan
- Concerns mount over new terrorism legislation
- Expert witnesses in all spheres give evidence at Grenfell Inquiry
- Psychological legacy of scarring must be considered in damages
- Queen's Speech and Brexit negotiations set to cause headaches for experts
- 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?
Expert Witness News
Tyre expert’s evidence in multi-fatal accident supports change to tyre laws
A campaign to ban the use of tyres more than 10 years old on public service and commercial vehicles has moved a step nearer to success, with the announcement by the Transport Secretary that there will be a consultation on the issue.
The campaign – named Tyred – has attracted considerable attention in the North of England since its launch by Frances Molloy, whose son Michael was one of three people killed in 2012 when the minibus they were travelling in on the way home from a music festival veered off the road and crashed.
MORE:
- Fatal Accident Act 1976, A Petition to Change the Law
- What does the future hold for the Paralegal sector
- CPR amendment: new requirements of what expert witnesses must include in reports
- Commercial litigation funding solution launched
- Conference unites health and legal sectors to improve quality of life for the seriously injured
- 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!
Expert Witness Legal News
Outcome measures: assessing the impact of rehabilitation
Lawyers must adopt a pro-active approach in their on-going support of seriously injured clients, taking ownership of assessing the impact of rehabilitation.
Andy Shaw (pictured), of Higgs & Sons, says: “By taking this action approach, the lawyer will ensure that everyone engaged in the client’s rehabilitation can show that the support and treatment provided has best met the client’s needs to maximise the rehabilitation outcomes.”
Patient reported outcome measures, or PROMS, are an essential requirement in all areas of healthcare in determining the impact of treatment. These measures are routinely used in treating those with long-term neurological conditions, such as stroke and traumatic br...
MORE:
- Civil Partnerships v Marriage – What’s the Difference?
- Lawyers council caution in discount rate reforms
- New 'DIY' divorce petition may lead to more adultery accusations – and a slower divorce process
- Investigation into rogue drug testing continues
- 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
Expert Witness : Building and Property
Boundary dispute reform: let’s use the legislative vacuum to good effect
Who would have thought that Brexit – or the lack of it – would significantly affect the way in which the industry manages boundary disputes? Richard Crow, associate director of Trident Building Consultancy, explains:
Two years ago a Private Member’s Bill, sponsored by Lord Lytton, received its first reading in the House of Lords. The Bill suggested that boundary issues could be better addressed by using a structure which broadly replicates the provisions of the Party Wall Act – essentially removing much of the responsibility from solicitors and handing it to surveyors. Progress of the Bill was thwarted by the general election of June 2017, and with parliamentary time apparently unavailable to...
MORE:
- Building higher casts shadow on rights to light
- RICS offers an update on construction law
- Court case highlights spec change dangers
- Leading property lawyer comments on Dreamvar ruling
- Changes in housing law on the way in wake of Grenfell tragedy
- Conveyancers in firing line over ground rents
- Rights of way and restrictive convenants two of the top issues for developers
- CIC provides updated guidance on adjudication
Expert Witness : Criminal
More psychologists are in court – and that’s a good thing!
Vulnerable offenders with mental health, alcohol and substance abuse problems are increasingly being diverted from short-term custodial sentences and towards treatment that aims to tackle the causes of their offending.
In the pilot areas – Birmingham, Plymouth, Sefton, Milton Keynes and Northampton – psychologists are working collaboratively with the existing panels of justice and health officials. Together, the professionals ensure that magistrates and judges have the information they need to determine whether an offender should be required to receive treatment for their mental health, alcohol or drug issues.
MORE:
- Jail terms for dodgy meds sellers
- Hillsborough disaster researcher to speak at national criminology conference
- 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
Expert Witness : Medico Legal
How long should a hip or knee replacement last? Now we know
Researchers from the Musculoskeletal Research Unit at the University of Bristol have found that eight out of 10 total knee replacements and six out of 10 total hip replacements will still be in place after 25 years. The research, funded by the National Joint Registry and the National Institute for Health Research was published in The Lancet in February.
After reviewing thousands of case studies going back 25 years across six countries, generalisable survival data is now available for the first time to estimate how long hip and knee replacements are likely to last.
MORE:
- Blame culture and safety fears top doctors’ list of concerns
- Williams Review: Hunt accepts recommendations
- Mixed response to prescribing errors initiative
- Fixed fee proposals welcomed – with reservations
- 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
Expert Witness : Technology
AI system can match experts at detecting eye disease
An artificial intelligence (AI) system that can recommend the correct referral decision for over 50 eye diseases as accurately as world-leading experts has been developed by researchers at Moorfields Eye Hospital NHS Foundation Trust. The research project was carried out in collaboration with DeepMind Health and University College London (UCL) Institute of Ophthalmology.
The breakthrough research, published online by Nature Medicine, describes how machine learning technology has been successfully trained to identify features of eye disease and recommend how patients should be referred for care, using thousands of historic de-personalised eye scans. It is hoped that the technology could one da...
MORE:
- Guidance published on buying CCTV
- Smart phones becoming more common in evidence gathering
- CybSafe to place cyber security training at the heart of Law Society’s services for its members
- 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 Witness : Environment
The fundamental right to be protected from the dangers of air pollution
The British Safety Council welcomed the news of the High Court quashing the verdict of the 2014 inquest into the death of nine-year old Ella Kissi-Debrah, who suffered a fatal asthma attack. Her mother Rosamund has since campaigned for a fresh inquest, believing Ella’s death was caused by high levels of air pollution near her home in southeast London. It means that Ella could become the first person in the UK to have air pollution mentioned as a contributory factor on her death certificate.
Lawrence Waterman, Chairman of the British Safety Council, commented: “The ruling of the High Court is proof that since 2014 we have become much better informed about the dangers of air pollution. Air poll...
MORE:
- Keeping compliant across the UK: Some differences in environmental legislation
- Environmental professionals warn over future outlook
- 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
Expert Witness : Animal & Farming
Dr WHO? by Dr Debbie Marsden
Dr Debbie Marsden, a leading equestrian expert with over 20 years professional experience of expert witness work, offers some advice on selecting the right expert in cases involving animals
In animal related cases, a veterinary surgeon is often the best expert, being generally regarded as an authority on animals and easily recognised by the word ‘veterinary’ – a protected title – and the letters MRCVS (Member of the Royal College of Veterinary Surgeons) after various degrees.
MORE:
- New rules will protect puppies from abuse
- Slaughterhouse CCTV proposals to extend to Scotland
- Scotland set to reintroduce selective ‘tail-docking’
- 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
Parliament, Legislation And Public Sector
Home Office GDPR exemption risks new Windrush, says Law Society
The Law Society of England and Wales has criticised the decision to exempt the Home Office from data access rules in the new Data Protection Act, which implements the widely-publicised GDPR. The move will inevitably lead to miscarriages of justice, the society has warned.
Law Society president Joe Egan said the immigration exemption in the legislation stripped accountability from Home Office decision making.
MORE:
- Psychoactive Substances Act: one year on
- 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
Expert Witness: Events
Conference makes sense of a changing world
Nothing stays the same; is everything changing? That is the theme of this year’s Annual Conference of the Expert Witness Institute (EWI), to be held on 26 September at the Church House Conference Centre in London.
Founded in 1996, the EWI is the leading membership body and training provider for expert witnesses in the UK. Its objectives are to promote excellence in expert evidence worldwide through rigorous vetting and evaluation and to support the proper administration of justice and the early resolution of disputes through fair and unbiased expert evidence.
