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“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
Psychological legacy of scarring must be considered in damages
The press – and indeed the public – have been occupied recently with a sudden and huge increase in the number of so-called acid attacks, where a corrosive substance is thrown or squirted onto the victim, in particular the face. From being isolated cases, often where the victim is known to the perpetrator – who deliberately aims to disfigure – they now appear to be the weapon of choice of mugging gangs who are more and more likely to be caught if they carry other weapons.
A quick response is essential on the part of bystanders, as is the correct response. The British Association of Plastic, Reconstructive and Aesthetic Surgeons has launched a campaign to educate the public, around the slogan Re...
MORE:
- 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?
- 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
Expert Witness News
Fatal Accident Act 1976, A Petition to Change the Law
When a loved one is unlawfully killed in England and Wales due to an accident on the road or at work the law is unjust and outdated. One example is if a parent loses a child, the usual award will be a pitiful bereavement award and the return of ‘reasonable’ funeral expenses. The usual compensation award for a loss of a child is about £15,000. The old adage that ‘it is cheaper to kill’ is true here. The value of life, a child, is worthless. There are many other examples of the law getting in the way of justice. Motor vehicle insurance companies are happy for this unjust law to remain. We are not, the law needs to be modernised and updated as a matter of urgency. Scotland has a different laws ...
MORE:
- 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!
- Could driverless cars pose challenges for investigators as well as insurers?
Expert Witness Legal News
Lawyers council caution in discount rate reforms
The Law Society has responded to the new discount rate policy, announced by the Ministry of Justice on 7 September.
The MoJ claims the reforms will make sure personal injury victims get the right compensation and could also see significant savings for the NHS – as well as for motorists through lower car insurance premiums.
Changes mean the rate would be set by reference to ‘low risk’ rather than ‘very low risk’ investments as at present, better reflecting evidence of the actual investment habits of claimants, the MoJ says.
The rate will also be reviewed at least every three years – and the expertise available to the Lord Chancellor in carrying out the reviews will be extended by the creation of...
MORE:
- 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
- Lawyers lose out on £4bn of business from SME’s every year
- Largest-ever legal needs survey published
Expert Witness : Environment
Keeping compliant across the UK: Some differences in environmental legislation
In comparison with many other parts of the world, the UK has a commendable record of protecting the environment from damage and for working constructively with engineers and contractors to mitigate the effects of necessary operations, writes Simon Knott (pictured), managing director of environmental consultancy Naturally Compliant.
The relevant legislation is by its nature complex, and busy construction professionals engaged in engineering activities need to be up to speed with what they can and cannot do while remaining compliant with the regulations.
MORE:
- 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
- Climate meeting generates optimism for a final agreement
Expert Witness : Criminal
Jail terms for dodgy meds sellers
Two prosecutions in as many days have seen jail terms imposed for the selling of unlicensed medicines.
On 8 September a man from Southall was jailed at Isleworth Crown Court on eight counts of possession and supply of significant quantities of unauthorised and unlicensed medication.
Investigators from the Medicines and Healthcare products Regulatory Agency (MHRA) raided a property belonging to Gurinder Bharaj in Ealing, where more than 100,000 individual doses of unlicensed erectile dysfunction medicines worth more than £30,000 were uncovered and seized. A smaller quantity of prescription medication was also seized.
Following an initial hearing Mr Bharaj pleaded guilty to all charges and was se...
MORE:
- 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
- Criminal advocacy report prompts swift responses and measured reflection
Expert Witness : Medico Legal
Mixed response to prescribing errors initiative
Confirmation that Health Secretary Jeremy Hunt is to launch an initiative to reduce prescribing and medication errors in the NHS was met with a mixed response from bodies representing the pharmacy sector.
The move was confirmed by Pharmacy Minister Steve Brine MP in his speech to the Royal Pharmaceutical Society’s annual conference in September. Mr Brine said that studies currently indicate that up to 8% of prescriptions have a mistake in dosage level, course length or medication type.
He said: “Patient education and safe management of information will be at the heart of our efforts to tackle this serious issue. For example, we will need to improve how we use electronic prescribing, as well as...
MORE:
- 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
- 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
Expert Witness : Technology
Smart phones becoming more common in evidence gathering
In the last issue of Your Expert Witness we reported on the setting up of websites by police to allow witnesses to upload pictures and videos of the terrorist attacks in Manchester and London. The actions demonstrate the embracing by police of people’s digital lives and the increasing importance of technology in evidence gathering.
The moves follow a statement last year by then-Home Secretary Theresa May on the subject. She said: “Citizens increasingly capture what is happening around them on video, generating potential evidence of crimes. Policing has not yet caught up.
MORE:
- 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 analysis can help uncover the truth
- Police film themselves to help avoid doubt
Expert Witness : Building and Property
Leading property lawyer comments on Dreamvar ruling
The Court of Appeal has announced a ruling regarding the Dreamvar case which will make conveyancers accountable for their client's actions.
Ian Peach, Partner and Head of Residential Property at Coffin Mew, commented:
“In my view, this decision will not just affect Residential Property but the profession in general and I expect impact upon firm’s Professional Indemnity Insurance premiums moving forward.
“It highlights the need for seller’s solicitors to not just correctly verify the identity of the seller, but to also do their upmost to actually link that person to the property being sold.
MORE:
- 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
- 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
Expert Witness : Animal & Farming
Slaughterhouse CCTV proposals to extend to Scotland
With consultation on CCTV in slaughterhouses closing on 22 September, the Scottish Government has announced plans to introduce a similar consultation as part of its Government Programme for Scotland 2017/18.
The decision has been widely welcomed by the veterinary profession and follows campaigning to include the measure in Scotland alongside the model for England announced by Michael Gove in August.
Melissa Donald, president of the Scottish branch of the British Veterinary Association (BVA), said: “We’re delighted that the Scottish Government is looking seriously at introducing mandatory CCTV in abattoirs.
Although a high percentage of abattoirs in Scotland already have CCTV, there are no rules...
MORE:
- 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
- Management of deer populations exercises Scottish Parliamentary committee
- Study will develop ‘spotter’ system for meat inspections
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 contin...
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’
