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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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Painting a suspect's portrait with DNA

Police sketches are a standard part of detective work, particularly in violent crimes.

A sketch or e-fit based on an eyewitness description, together with information about height, build, age and ethnicity can help lead police to a suspect.

 

But how many of these details could be obtained from blood or DNA left at a crime scene?

Predicting a person's outward traits from genetic information is a newly emerging field in forensics. Scientists have already developed ways of testing for traits such as age and eye colour and are working on others for skin colour and even facial dimensions.

This research effort could yield new tools to help identify unknown DNA profiles at crime scenes.

The current approach, known as genetic profiling, involves comparing crime scene DNA with that from a suspect or with a profile stored in a database.

But as Manfred Kayser from Erasmus University in Rotterdam points out, the person either needs to be among a pool of suspects identified by the police or have their profile in a DNA database.

"If both are not true, you can have the nicest DNA profile in the world but you cannot do anything with it," he told BBC News.

'The full monty'

On Tuesday, Professor Kayser and colleagues published details of genes that predict the probable hair colour of an unknown individual.

In September 2010, the Dutch researchers outlined a method for estimating the age of a person from blood drops. The group has also developed a test for predicting eye colour.

Hair colour (SPL) Hair colour can be predicted with a high accuracy, according to Manfred Kayser

Professor Kayser, who is chair of forensic molecular biology at Erasmus Medical Center, describes his team's work as "the full monty, starting from basic science up to a validated tool (test) that can applied in forensics".

Meanwhile, Mark Shriver, an anthropologist at Penn State University, US, has been working on the genetics of skin colour.

"We have mapped four of the major genes which determine skin colour between African and European populations," he told BBC News, adding that his group is working towards a forensic test based on the markers.

Dr Shriver says he is also working with a company on an instrument that could be used by forensic officers to test for phenotypic traits "on-site", or at a crime scene.

Facing facts

But Dr Peter Gill, a former DNA specialist at the Forensic Science Service (FSS) now based at the University of Strathclyde, comments: "All these markers are never definitive because they are multi-genic (determined by multiple genes).

"So you have to put a probabilistic estimate on what the presence of a gene means."

Forensic officers Dr Shriver is helping develop a DNA testing instrument that can be used at a crime scene

One of the most intriguing - and challenging - areas of research into phenotypic markers concerns the genes that determine the shape of a person's face.

"There are some candidates, but it's quite questionable how good these candidates are. The knowledge is very limited," Professor Kayser told BBC News.

One way Professor Kayser and his colleagues are searching for these candidates is by studying the genetics of disorders that affect the face. Scientists can then study the influence those same genes have on normal facial variation.

Another approach, he says, is to search the genome for small variations that occur more frequently in people with particular facial types. This type of search is known as a genome-wide association study.

“Start Quote

You can at least concentrate some of the leads which would otherwise be 'into the blue'”

End Quote Prof Manfred Kayser Erasmus Medical Center

Mark Shriver is also working on the genetics of facial proportions and has uncovered candidate genes. His work, which is being prepared for publication, suggests that single genes can exert a strong influence on the shape of the face.

A scenario where forensic scientists extract a facial image from crime scene DNA and then match it to a passport photo remains science fiction, says Professor Kayser.

But, he says: "If you can limit a large or infinite group of people - namely everybody - to a smaller group of people, namely those who fit the appearance descriptions you can currently get out of forensic samples, you can at least concentrate some of the leads which would otherwise be 'into the blue'."

Different traits are influenced to a different degree by the environment: "Grey hair can be affected by environment, whether you spend time in the Sun can obviously affect your features; height can be affected by nutrition," Dr Gill explains.

But according to Manfred Kayser: "If you estimate heritability from twin studies, you end up with about 80% heritability [for height]. That would argue that it is strongly genetic."

Train carriage wrecked after a bomb in Atocha station, Madrid Ancestry analysis provided an important lead in the Madrid bombings investigation

He adds: "It turns out that there are lots and lots of genetic factors. So far, we know of about 200, but I am pretty sure there will be more than 1,000 parts of the genome that contribute to final height."

"Therefore it's more difficult to find them all to develop the final tools with the more DNA markers they include. Perhaps we will never be able to predict from DNA height as accurately as we can for eye colour. But that needs to be seen."

Peter Gill says the available tests for appearance traits are hardly used at present: "These are small steps along the way. I think it's going to be quite a long time before we get something that can be used in anger."

Dr Gill, who, along with Sir Alec Jeffreys and Dr Dave Werrett, published the first scientific paper on applying DNA profiling to forensic science, adds: "There are certain cases where the police are absolutely desperate for any information whatsoever.

"But there may be serious limitations offered by the sample. If you are trying to do multiple tests, for example, you may simply not have enough of the sample."

Ancestral roots

He says that even when a comparative test yields no match in a database, police have other options such as familial searching. This involves looking for a close, rather than exact match, in a DNA database. Such matches can turn out to be family members of the unknown person.

T cells Immune cells can provide information about a person's age

But information about ethnic background can also refine descriptions of an unknown person. And using DNA to extract details of a suspect's geographical ancestry has already been put to use in a number of cases.

During the investigation into the 2004 Madrid train bombings, scientists used DNA from a toothbrush to identify one of the suspects as North African in origin. Conventional DNA analysis later led police to a suspect, an Algerian man who is still at large.

In the case of a Louisiana serial killer, eyewitness descriptions and psychological profiling initially directed police towards a white male suspect. But when DNA from a crime scene was analysed using a test developed by Dr Shriver, the results showed the killer was probably African-American.

While ancestry testing can be an important tool, researchers say its limitations must be recognised.

Manfred Kayser says ancestry markers can - at best - trace an individual to a broad region: "Human migration history has produced no sharp genetic borders and no sharp appearance borders," he explains.

Future benefit?

In 2009, the UK Border Agency launched a pilot scheme under which DNA from asylum seekers would be analysed in an effort to deduce their true nationality and curb bogus asylum claims.

The project drew criticism from Sir Alec Jeffreys, who called the proposal "naïve and scientifically flawed".

At the time, the Home Office responded that DNA testing would not be used alone but would be combined with language analysis and investigative interviewing techniques.

Overall, Mark Shriver says he is encouraged about the future for phenotypic testing: "I definitely think there are a lot of cases that could be assisted by this kind of information.

"It's a shame there isn't more support for this type of work," he adds, citing profit margins as one of the major reasons.

He adds: "There's the chance to make this huge contribution, protecting people who will be killed if this person continues on their path."