Autumn is, of course, conference season – and there are two particular conferences of note to expert witnesses of all disciplines. In November the Bond Solon Expert Witness Conference attracted a packed house, particularly fitting as it was the 25th running of that particular race. A further attraction was a desire to learn about new rules for medical experts.
Lord Neuberger delivered the keynote address at the annual conference of the Expert Witness Institute at Church House, Westminster in September. ELIZABETH ROBSON TAYLOR of Richmond Green Chambers summarises the highlights.
Looking back on autumn, lawyers will recall that it isn’t just a season of mists and mellow fruitfulness – although most do enjoy those. With predictable regularity, the falling leaves of autumn not only herald in the new legal year, they also create a really quite inspiring backdrop for fruitful new opportunities to meet, greet, network, contemplate and confer.
The report by the Commission on Justice in Wales, published in October, has drawn a cautious welcome from the Law Society – officially the Law Society of England and Wales.
“The Commission has made an important contribution with their vision for the future of the Welsh justice system,” said the head of the Law Society’s Wales office Jonathan Davies.
“As the body of Wales-specific law grows, it is important to consider the distinct needs of the Welsh public and the legal profession as they seek to ensure their businesses remain vibrant and sustainable.”
Who would have thought that Brexit – or the lack of it – would significantly affect the way in which the industry manages boundary disputes? Richard Crow, associate director of Trident Building Consultancy, explains:
Two years ago a Private Member’s Bill, sponsored by Lord Lytton, received its first reading in the House of Lords. The Bill suggested that boundary issues could be better addressed by using a structure which broadly replicates the provisions of the Party Wall Act – essentially removing much of the responsibility from solicitors and handing it to surveyors. Progress of the Bill was thwarted by the general election of June 2017, and with parliamentary time apparently unavailable to...
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.
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.
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.
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 poll...
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 recognised by the word ‘veterinary’ – a protected title – and the letters MRCVS (Member of the Royal College of Veterinary Surgeons) after various degrees.
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.
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.