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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 value of the informed expert

The value of the informed expert

By arboricultural consultant and accredited expert witness Mark Chester of Cedarwood Tree Care.

The role of the expert witness in advising on claims is a key element. Having an informed guide to give counsel on the merits of a case can ensure that wise decisions are taken either to pursue or defend a claim. What may surprise is that arboriculture, my own specialism, is unregulated. During my two decades as an Arboricultural Consultant, I have encountered evidence, sometimes quite limited being given undue merit, as those instructing are unaware of the limitations of the ‘expert’.

When I am instructed to review a case, a starting point is to explore existing evidence and its merit. I have found the term ‘expert’ being applied widely to individuals whose credentials are not thus. In one case, where a tree had broken and cased a road accident, the tree owner strongly defended their situation, and the condition of the tree, based on the opinion of their ‘tree expert’, who suggested inclement...

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Expert Witness News

Expert Witness Legal News

How can the Paralegal Sector help law firms get back on their feet, post Covid-19? By Amanda Hamilton, NALP

How can the Paralegal Sector help law firms get back on their feet, post Covid-19? By Amanda Hamilton, NALP

As we all know, Covid-19 and the subsequent lockdown has affected our lives in many ways and forced many law firms into hardship.

Some practices are in a catch 22, wondering whether or not to invest in remote working facilities when their financial situation is so vulnerable. I’m aware of one commercial business owner that has 300 employees and a massive weekly payroll. She has to make just that decision: should she financially invest in supplying internet, computers and phones for them to work at home when there is little/no income coming in? Furthermore, there is the knowledge that this situation will not last indefinitely.

When the lockdown is fully lifted, and it will lift eventually, law firms will be looking to get back into business and onto an even keel as swiftly as possible. However, they will also probably be looking to cut costs to do so.

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Expert Witness : Building and Property

Downsizing or expanding? Make sure your lease terms are clear

Downsizing or expanding? Make sure your lease terms are clear

Karen Mason is a highly experienced commercial property lawyer and co-founder of Newmanor Law, a specialist real estate law firm. Here she outlines the importance of Heads of Terms in negotiating new commercial leases.

As businesses return to workplaces once again, many occupiers will be looking to either renegotiate lease terms or agree new leases to redefine their situation, given a growing acceptance that remote working will form part of the working week.

The question of space utilisation may lead some businesses to downsize, whilst others looking to space their people apart may ironically need bigger offices, or more locations.

Different requirements will mean new agreements, requiring Heads of Terms to tie down what is being agreed, with the need to secure a good long-term deal critical for businesses in the post-COVID world.

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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 : Medico Legal

Latest MoJ report short on detail, expert complains

Latest MoJ report short on detail, expert complains

In September the Ministry of Justice published the results of a consultation on medical reporting within the package of whiplash and small claims track reforms – due to be implemented in April next year for road traffic cases. The consultation ran for a month in April-May, and the resultant document sets out the government’s policy choices.

It is, however – as seems par for the course in this area – very light on detail. That is the conclusion of Alistair Kinley, director of policy and government affairs at law firm BLM.

“Given that the thrust of the proposals is much as was outlined in the consultation in the spring, it’s regrettable that the MoJ announcement of the measures has come in early September rather than in July as had been originally been expected,” he said. “That delay of a couple of months surely puts further pressure on the timetable to deliver these reforms, given that the April 2020 implementation looks to be inflexible – with 1 April 2020 mentioned in the body of the Ci...

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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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Psychological trauma can have effects in many ways

PSYCHOLOGICAL trauma is often a focus of assessment and intervention in personal injury claims and as such it is helpful to consider the range and complexity of difficulties that might arise as a result of some form of traumatic event. ‘Trauma’ has become part of everyday language, so it may be helpful to define what is meant by the term.

In formal diagnostic terms, in order that an event be considered to be traumatic it requires the person to either experience or witness something (or things) that involve actual or threatened death or serious injury, or threat to the integrity of self or others, and that the person experienced fear, helplessness or horror (American Psychiatric Association 1994).

The consequences of traumatic events can be wide ranging and recovery is often hampered by complications. One way of understanding that is via the ‘ripple effect’ described by Helen Kennerley and Deborah Lee of the Oxford Cognitive Therapy Centre. This identifies the potential impacts that trauma can have:

  • On the brain – presenting problems in relation to arousal and the effects of this on memory, sensitisation to stress and the ability to contextualise experiences (ie to put them in the past).
  • On the sense of self – difficulties experienced at a brain level clearly have an impact on the person’s view of themselves; for example, seeing themselves as damaged, vulnerable, weak etc.
  • At an interpersonal level – the changed sense of self can in turn influence the way they relate to others. The impact of the effects of trauma can be that the person becomes introverted, easily angered, hopeless with a lack of interest in life and a future, and unable to express positive To the social system in which they exist – the issues described above can lead to disruptions in relationships and feelings of isolation. That can be compounded by perceived cultural views of how people ‘should’ be.

The effects of a traumatic event can be complicated by a number of factors. People can be more profoundly affected by events that have a human cause rather than by natural events. That is especially the case if they are the victim of acts of violence.

The person’s previous experience of traumatic events may affect how they respond to the recent trauma, as will their previous life experience generally, eg whether they have developed coping resources; as can a lack of a supportive social network.

The person’s response to the effects of the trauma has an important part to play, for example whether they have learnt to deal with their distress by avoiding situations, either physically or by using drugs and alcohol, or by acts of self harm. In addition, other effects of the trauma may present further challenges to the client. Those may include physical damage sustained as part of the traumatic event and the constant presence of pain. People can find themselves unable to work and struggling financially. Importantly, the legal process can also be a prompt for distress often over a considerable period of time.

Key to a cognitive behavioural approach to working with someone who is suffering following a traumatic event is to understand in what way those issues are affecting that particular person. That leads to an understanding formed with the client regarding the interactions of their views of themselves, others and the world, their attempts to cope with or avoid distress and their family and social environment.

This formulation allows the therapist to understand risks and to tailor evidence-based interventions to meet the specific needs of the client. Vital to the process is the forming of a therapeutic relationship, since much of what is required of the client can feel counter-intuitive and requires at least a degree of trust. That is especially the case when asking the person actively to think about the traumatic event, knowing that it will probably cause that person distress.

Very often clients feel more distress in the early stages of therapy. Being open and honest at the outset is vital, as is ensuring that the client has a sense of genuine collaboration. That requires that the therapist has the relevant knowledge and experience to convey hope and compassion while encouraging the client to engage actively in their treatment, knowing that it will be difficult at times. It is all too easy for client and therapist to find themselves dealing with high levels of distress and if neither is fully prepared for this it can be damaging for both.