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Dr Bashir Qureshi. Expert Witness in Cultural, Religious & Ethnic issues in Litigation and also in GP Clinical Negligence, London.

Expert Witness Blog

The fiduciary duty disconnect: who has responsibility on climate?

The fiduciary duty disconnect: who has responsibility on climate?

By Dr Mark Hinnells, director of Susenco Consulting Ltd

Fiduciary duty is when one person has an obligation in law to act in the best interests of another. It has usually been seen as financial and relatively short term.Currently the fiduciary duties of various actors – including cabinet ministers, fund or investment managers and company directors – are defined in different places in different ways, in a combination of law, policy and guidance, some of which is litigable and some is not.

 Increasingly, a longer time frame is being applied to fiduciary duty. As the impacts and costs of climate change are better understood, the risk to assets, investments, companies, financial systems and ultimately GDP becomes ever more obvious.

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Expert Witness News

New fraud law will help build an ‘anti-fraud culture‘

New fraud law will help build an ‘anti-fraud culture‘

A new corporate criminal offence of ‘failure to prevent fraud’ came into effect on 1 September – designed to drive an anti-fraud culture and improve business confidence. 

Introduced as part of the Economic Crime and Corporate Transparency Act (ECCT) 2023, the offence will hold large organisations to account if they profit from fraud. It forms part of wider measures introduced by the government to tackle fraud and protect the UK economy, as part of the Plan for Change. 

The offence of ‘failure to prevent fraud’ follows major steps forward on fraud prevention including: 

• Pushing forward with a ban on SIM farms – technical devices which facilitate fraud on an industrial scale
• A bilateral agreement with the insurance sector
• Adopting the first ever UN resolution on fraud

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Expert Witness : Medico Legal

Trusts named for inclusion in Amos inquiry

Trusts named for inclusion in Amos inquiry

The 14 hospital trusts to be looked at as part of a rapid, independent, national investigation into maternity and neonatal services were named on 15 September 2025 by the Department of Health and Social Care (DHSC). 

Baroness Valerie Amos’s investigation will put families at the heart of the work, the DHSC said, and affected families were asked to provide input to the draft terms of reference of the investigation. The terms of reference have been developed to focus on understanding the experiences of affected women and families, identifying lessons learned and driving the improvements needed to ensure high-quality and safe maternity and neonatal care across England. 

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Expert Witness Legal News

Lawyers sceptical about efficacy of extra court tier

Lawyers sceptical about efficacy of extra court tier

Solicitors have expressed pessimism over whether an additional court tier will help reduce the rocketing criminal court backlogs. 

The Law Society of England and Wales carried out research, in collaboration with Sky News, asking solicitors for their views on potential reforms to the criminal courts. 

Proposals include introducing an intermediate court, which would be known as the Crown Court Bench Division. The research revealed that: 

• Solicitors felt a broad range of measures would be required for an additional court tier to be effective, including additional court staff who are fully trained, and increased public funding for legal defence.
• Most solicitors think the introduction of an additional court tier would make the justice system worse (56%) and is unlikely to reduce the backlogs (60%).
• Almost three-quarters (73%) of the solicitors surveyed were concerned about jury trials being removed as part of the proposals.

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Expert Witness : Building and Property

Construction is still suffering from its COVID hangover

Construction is still suffering from its COVID hangover

The COVID-19 pandemic has had a profound and lasting impact on the construction industry, disrupting timelines, inflating costs and introducing unprecedented risk management challenges. 

Architects and engineers have been at the forefront of addressing those challenges, particularly in projects involving specialist accommodation, complex infrastructure or historic buildings. In parallel, legal teams and insurers have increasingly turned to expert witnesses to provide independent assessments of delays, costs and associated risks, ensuring clarity and fairness in contract disputes or claims arising from the pandemic. 

In disputes arising from COVID-19-related delays, expert witnesses have played a vital role. Legal teams frequently instruct construction, engineering and cost management specialists to provide independent evaluations of project delays, financial losses and compliance with contractual obligations. 

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Expert Witness : Criminal

More psychologists are in court – and that’s a good thing!

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.

They help to ensure that Community Sentence Treatment Requirements (CTSRs) are issued to the right people. CSTRs are a joint initiative by the Ministry of Justice, Department of Health and Social Care, NHS England and Public Health England to improve access to treatment programmes for offenders serving community sentences.

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Expert Witness : Technology

Government to plug mobile phone loophole

Government to plug mobile phone loophole

The government has confirmed it will close a legal loophole which has allowed drivers to escape prosecution for hand-held mobile phone use while behind the wheel.

At present, the law prevents drivers from using a hand-held mobile phone to call or text.

However, people caught filming or taking photos while driving have escaped punishment as lawyers have successfully argued that the activity does not fit into the ‘interactive communication’ currently outlawed by the legislation.

Transport Secretary Grant Shapps has announced that he will urgently take forward a review to tighten up the existing law. The revised legislation will mean any driver caught texting, taking photos, browsing the internet or scrolling through a playlist while behind the wheel will be prosecuted for using a hand-held mobile phone while driving.

Mr Shapps said: “We recognise that staying in touch with the world while travelling is an essential part of modern day life, but we are also committed to making our roads safe. ...

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Expert Witness : Environment

The fundamental right to be protected from the dangers of air pollution

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 pollution, linked to as many as 36,000 early deaths a year, is now recognised as the biggest environmental risk to public health. Research from King’s College London suggests that more than 9,400 people die prematurely due to poor air quality in London alone.

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Expert Witness : Animal & Farming

Dr WHO? by Dr Debbie Marsden

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 recognized by the word 'veterinary' – a protected title – and the letters MRCVS (Member of the Royal College of Veterinary Surgeons) after various degrees.

As with all professions, when seeking an expert it is best to use a specialist; and vets are not allowed to describe themselves as a 'specialist' until they have taken considerable further study and been further examined in a particular area. The letter D or Dip, for Diploma, is the additional qualification to look for in a vet with particular expertise in any area, for instance DSAS – Diploma in Small Animal Surgery (Orthopaedics).

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Parliament, Legislation And Public Sector

Home Office GDPR exemption risks new Windrush, says Law Society

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.

“Since legal aid was removed for most immigration cases in 2012, it has become increasingly difficult to challenge immigration decisions – decisions which evidence shows are often incorrect,” he said. “Subject access requests are the final recourse for people trying to deal with a complex, opaque and unaccountable immigration system.

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Expert Witness: Events

Expert witness conference is hailed a success

Expert witness conference is hailed a success

On 8 November Bond Solon held the 25th Bond Solon Expert Witness Conference at Church House in Westminster. Demand for the conference had been particularly high, leading to a fully-booked event. Nearly 500 expert witnesses were in attendance and there were over 50 expert witnesses on the waiting list.

That upsurge in demand for places was in part due to the expert witness guidance issued in May by the Academy of Medical Royal Colleges. The guidance stated that healthcare expert witnesses must undertake formal expert witness training and keep that training up to date with appropriate refresher courses and activities.

Demand was also driven by a number of high-profile cases involving expert witnesses who have had their expert witness evidence deemed inadmissible or criticised. Those cases were reviewed at the conference.

The keynote speech at the conference was delivered by Sir Peter Gross. Sir Peter’s paper addressed the issue of standards in the work of expert witnesses. Sir Peter was fol...

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Was Dr Crippen innocent of his wife's murder?

Hawley Crippen, the doctor hanged for the gruesome murder of his wife Cora, is one of the most infamous killers in British history. Exactly 100 years after his arrest, why is there a campaign to prove his innocence, asks Stephen Tomkins?

 

 Having the surname Crippen does not endear you to UK Customs, according to a distant relative of the infamous doctor convicted of killing his wife.

James Patrick Crippen of Ohio, second cousin three times removed of Dr Hawley Crippen, hopes to officially exonerate the black sheep of the family and bring his remains to the family plot in Michigan for a decent burial.

"The evidence says the man should be pardoned," he says. "But everyone thinks of him as a murderer. Every time I have come through customs to England, someone has made a comment on my name, linking me to a murderer."

Crippen rose to infamy by allegedly poisoning and dismembering his wife, hiding her remains under the basement floor, and fleeing for North America with his lover - and then being the first person to be caught using the wireless telegraph.

The message was sent 100 years ago, and Crippen was arrested on arrival in Quebec on 31 July, 1910. His trial lasted only five days, and the jury's deliberations for less than half an hour.

The role of wireless radio
 
Captain Henry Kendall saw through Crippen's disguise as the doctor boarded his ship with his lover dressed as a boy

The SS Montrose was one of very few Canadian Pacific liners fitted with a Marconi wireless radio
Kendall had the operator wire the White Star Line Offices in London
The message read: "Have strong suspicions that Crippen - London cellar murderer and accomplice are among Saloon passengers. Moustache taken off - growing beard. Accomplice dressed as boy. Voice manner and build undoubtedly a girl."

British police caught a faster ship to Quebec and were there for Crippen's arrival
The torso was identified as Cora Crippen's by a scar, the doctor was shown to have bought a large amount of the drug that killed her, and on his arrest he told Chief Inspector Dew: "I am not sorry; the anxiety has been too much."

The mild-mannered murderer became a national celebrity and his waxwork stands in Madame Tussauds to this day. But was it all a huge miscarriage of justice? Was Crippen innocent after all? A growing body of people believe so, including family members and forensic scientists, and a campaign is under way to clear his name.

One line of evidence comes from John Trestrail, a toxicologist who has long puzzled over the mutilation of the corpse. The remains found were a torso without bones or sex organs.

Mutilation is extremely unusual behaviour among poisoners, Mr Trestrail says. "A poisoner wants the death to appear natural so he can get a death certificate. This is the only case I know of where the victim was dismembered. It doesn't make sense."
 
Mr Trestrail brought in Professor David Foran, director of forensic science at Michigan State University, who led DNA analysis on the scarred skin of the corpse used in the trial. It was demanding work over two years, retrieving tissue preserved in formaldehyde from the glass slide it was attached to with pine resin.

Crippen's house in north London has since been demolished
Mr Foran followed two lines of research and considers the results conclusive. First he isolated mitochondrial DNA, which remains unchanged throughout the generations down the female line. A genealogist found grandnieces of Cora Crippen who would have the same mitochondrial DNA as her, and repeated tests found they were not related to the body in the basement.

Then Mr Foran's team used new techniques to examine the nuclear DNA, and discovered a Y chromosome. Not only was the body not from Cora Crippen's family, it wasn't even a woman.

As Mr Trestrail sums it up, "This is the slide which Spilsbury [the expert witness at the trial] used to identify the body as Cora Crippen's. And this was the evidence on which Crippen was convicted. But the substance in the slide is not Cora Crippen. No question. I don't say Hawley Crippen is innocent, but he is no longer proven guilty."

Not everyone is convinced, however. John Boyne, whose book Crippen: A Novel of Murder, is to be reissued next year, says: "I think Crippen probably did kill his wife. His actions suggest guilt - his decision to flee the country and to dress Ethel LeNeve as his son rather than allow her to reveal her true identity on the ship as his lover. Cora made his life so miserable that I think he finally cracked."

“I have no interest in clearing Crippen's name. What I care about is being right” Professor David Foran Forensic scientist

Jonathan Menges, a writer and genealogist from San Diego, has written disputing Mr Foran's findings. Mr Menges claims the genealogy linking the living relatives to Cora Crippen is flawed - no birth certificate for her exists, for example, as they were rare in the US at the time - making the mitochondrial DNA tests irrelevant.

He criticises the proceedings for having too much of an eye for showbiz - the nuclear DNA findings were first revealed on a TV documentary - and points out that they have not yet been published or peer-reviewed. He says that Crippen's behaviour demonstrates his guilt, and that a group in Salt Lake City are investigating the mysterious disappearance there of Crippen's first wife. "There is no doubt that Crippen is guilty," he says.

Mr Foran responds that his work is to be published in the Journal of Forensic Sciences, that he is fully satisfied by the genealogy, and that the remains are indisputably male.

"I don't really care one way or the other whether the body was Cora Crippen's, I have no interest in clearing Crippen's name. What I care about is being right. We tested and tested and tested, and if I had any doubts whatsoever I would never have come out with it. The body is not Cora Crippen's."

Nevertheless, JP Crippen has failed to get the case reopened. The Criminal Cases Review Commission declined to refer it to the Court of Appeal, because he is too distant a relative to have sufficient interest.

But Mr Trestrail agrees with him that the campaign to clear his name should continue.

"It matters," he says. "Justice doesn't have a time limit."