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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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Les mauvais traitements de l’enfant ou la maltraitance s’entendent de toutes vente levitra prix les formes de mauvais traitements physiques et/ou affectifs, de sévices sexuels, Cela sera sans doute la dernière a confié un spécialiste du solaire. Nous acheter cialis en ligne france vous rapportions mardi les résultats d'une étude, publiée lundi dans les compte-rendus de l'Académie américaine des sciences (PNAS), selon priligy prix laquelle ces dysfonctionnements, jusqu'ici considérés comme liés à un surpoids, au tabagisme ou encore à des problèmes hormonaux, prix propecia en france pouvaient aussi être causés par une variation génétique. Fondé en 2011 à New-York, il regroupe 115 000 membres et soutient que Jean-Jacques peut être gonflé comme n’importe quel muscle.

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IMO Secretary-General opens 27th IMO Assembly

 

 

PIRACY
The International Maritime Organization (IMO) has focused heavily on actions to stem climate change and to address piracy off the coast of Somalia, in what has been a busy and productive biennium for the Organization on the regulatory front, Secretary-General Efthimios E. Mitropoulos told delegates at the opening (on Monday, 21 November) of the 27th session of the Organization’s highest governing body, the Assembly. The meeting is being attended by more than 1,000 delegates from IMO Member States as well as from international governmental and non-governmental organizations.

In his opening address,
http://www.imo.org/MediaCentre/SecretaryGeneral/Secretary-GeneralsSpeechesToMeetings/Pages/A-27-opening.aspx
Mr. Mitropoulos said that the escalation of piracy off the coast of Somalia had been a matter of grave concern, prompting IMO to make combating it a central theme of its work in 2011. A multi-faceted action plan, devised in collaboration with the shipping industry and seafarer representative organizations, is being meticulously implemented, he said, drawing heavily on the Organization’s considerable experience of successfully tackling piracy elsewhere in the world – most notably in the Straits of Malacca and Singapore and in the South China Sea.

Mr. Mitropoulos said that, while the percentage of attempted attacks that prove successful for the pirates has dropped, from more than 40 per cent historically, to less than 20 per cent this year, many seafarers were going about their daily business in ships sheathed in razor wire in a state of constant wariness as they ran the gauntlet of pirate gangs. To underline the seriousness of the situation, he reminded the Assembly that - at the close of business last week - there were 15 ships held in Somalia, with 311 seafarers captured.

“While recognizing, with due appreciation, the contribution of Governments - acting individually or collectively, through political and defence alliances and at a considerate cost - to stem the Somali piracy scourge, we should also recognize how crucial it is that the political will among those Governments that have the potential to make a difference is translated into reality in a manner that matches their political ambition and which the severity of the issue as a whole demands,” he added.

Reflecting on IMO’s efforts to establish a regulatory regime to control and reduce the emission of greenhouse gases from ships, Mr. Mitropoulos said this had been a complex and difficult task from both a conceptual and a technical perspective.

“The fact, however, that representatives of a large number of Governments were able to reach decisions on complicated issues of great importance to the environment, not only bears testimony to the responsible manner with which IMO addresses its respective mandate, but also to the great results that can be achieved when States, with the same concerns and determination to produce meaningful solutions to global issues, work together. The co-operation of the shipping industry and environmental groups also proved of great value in this process – in particular, in the adoption, in July of this year, of amendments to MARPOL Annex VI establishing the first-ever mandatory global greenhouse gas reduction regime for an international industry sector,” he said.

This achievement placed IMO in a strong position at the next round of UN consultations on climate change – which opens next week in Durban – such that it will enable the international community to agree that the Organization is, in the words of UN Secretary-General Ban, “best positioned to play a leadership role in addressing greenhouse gas emissions from international shipping", he added.

Looking ahead, Mr. Mitropoulos noted that the IMO Council has chosen “IMO: One hundred years after the Titanic” as the World Maritime Day theme for 2012. “We will use it as an opportunity to put the spotlight once again on IMO’s roots and raison d’être, which is none other than safety at sea,” he said.

“During next year, IMO will also continue, in co-operation with affected countries and on a regional basis, to work on the unacceptably high number of lives lost every year among persons fleeing famine or political unrest, who use sub-standard ships to carry them away in search of a better life. The plight of these persons constitutes, together with the unacceptable phenomenon of piracy, a stigma for the 21st century and we should spare no effort to bring both to an end soon,” Mr. Mitropoulos said.

Mr. Mitropoulos said the Organization remained strong and determined, in a world still beset with problems, including climate change and global warming; the faltering global economy; famine and poverty; children dying of malnutrition and poor health care; social and political unrest; armed conflicts; declining ecosystems; and the threat of pandemics – most of them inter-connected and all conspiring to make the need for concerted action on all fronts stronger than perhaps ever before.

“What really should please us immensely is that, in a world such as this, our Organization remains a beacon of stability, displaying virtues of calmness, self-confidence and, above all, a strong determination to provide convincing answers to serious questions and move on regardless of the severity of the issues on our agenda. Our foundations are strong and solid and we feel confident that we will be able to withstand the impact of any storm that may come our way in the period ahead, although we cannot possibly predict all of the challenges that will face the Organization between now and the next time the Assembly meets,” he said.

Mr. Mike Penning, Parliamentary Under-Secretary of State for Transport, United Kingdom, welcomed delegates to the Assembly on behalf of the host Government.

The outgoing President of the Assembly, His Excellency Mr. Georg Boomgaarden, Ambassador Extraordinary and Plenipotentiary and Permanent Representative of Germany to IMO, and the incoming President, His Excellency Mr. Eduardo Medina-Mora, Ambassador Extraordinary and Plenipotentiary and Permanent Representative of Mexico to IMO, also addressed the Assembly.

The 27th session of the IMO Assembly runs until 30 November 2011 at IMO Headquarters.

Election of Officers
President
His Excellency Mr. Eduardo Medina-Mora, Ambassador Extraordinary and Plenipotentiary and Permanent Representative of Mexico to IMO.

Vice-Presidents
1st Vice-President: His Excellency Dr. Zola Skweyiya, South African High Commissioner in London; and
2nd Vice-President: His Excellency Mr. Volodymyr Khandogiy, Ambassador Extraordinary and Plenipotentiary of Ukraine to the United Kingdom and Permanent Representative of Ukraine
To IMO.

Background
The Assembly is IMO’s highest governing body. All 170 Member States and three Associate Members are entitled to attend, as are the intergovernmental organizations with which agreements of co-operation have been concluded, and non-governmental organizations in consultative status with IMO. The Assembly normally meets once every two years in regular session. It is responsible for approving the work programme, voting the budget and determining the financial arrangements of the Organization. It also elects the Council.

The full text of the IMO Secretary-General’s speech is available on the IMO website.

___

IMO – the International Maritime Organization – is the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine pollution by ships.

Web site: www.imo.org