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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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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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Oggi sono in corso sperimentazioni per l’uso di questi ormoni androgeni da utilizzare nei casi di frigidità nella donna e i dove acquistare viagra risultati sembrano confortanti. Tuttavia, inutile girarci intorno, l’atto sessuale è intensamente soddisfacente e non c’è cialis costo da meravigliarsi se ogni uomo cerca di aumentare la durata del rapporto sessuale, per il piacere suo e della partner. Ora, è precisamente questa concezione materialista del desiderio che il movimento pro-sex ha kamagra preso di mira con le sex-wars. Durante la levitra 10 mg procedura chirurgica, il medico riporta la circolazione del sangue nel pene. Il piacere del desiderio è sottile, è una aspettativa.

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What’s what in an orthotic report?

FOR THOSE of you who are involved in personal injury cases, you will no doubt have at some time seen a remark or recommendation that a client requires an orthotic opinion or orthotic report.

The first things, in my experience, that will cross a solicitor’s mind when coming across the word ‘orthotics’ for the first time are most probably listed below and in a similar order :

What are orthotics?
What is an orthotist?
Aren’t they just boot and shoe makers?
Don’t physiotherapists and orthopaedic surgeons deal with this?
Where do I find one?

So here’s an overview of what orthotics actually are, how they work, what they do and the role of the orthotist, Orthotics is a speciality of medicine in which external orthoses (braces/supports) are designed and fitted to an individual to provide one or more of the following:

Correction, prevention of a physical or structural deformity
Reduction of pain
Improvement in mobility or performance
Stabilisation of a joint or joints
Accommodation of existing deformities
Reduce the risk of injury.

It is a holistic practice that treats the whole body and every age group within the population. Individuals are assessed by a fully qualified State Registered Orthotist who will then prescribe, measure, design and fit an appropriate orthosis.

Following this, they will review its effectiveness and adjust the prescription accordingly.

The devices fitted will range from specialised footwear (orthopaedic footwear), foot orthoses (insoles, which you may be wearing when you run) or highly complex lower-limb and upper-limb devices.

All orthotics are designed to the individual’s requirements to provide biomechanical support and to correct dysfunctional biomechanics.

The orthotist is the professional who will have undergone extensive training in the following areas:
Anatomy – Structures, muscles and joints of the body
Physiology – How the body functions
Pathology – Nature and causes of human disease
Biomechanics – An understanding of the forces acting on the body from internal or external forces
Material science – Material performance and properties
Orthotic science – The design and application of orthotic devices
Footwear – The design, manufacture and clinical application of all types of footwear

The current academic course is a four-year honours degree course which contains a final year of clinical placement experience in a working clinic, usually working in some form or other within the NHS.

Any part of the human skeleton can, if damaged, possibly benefit from the fitting of an orthosis in some shape or other. The orthosis may be needed to reposition the body or to provide relief from discomfort.

The orthotist is trained to understand and respond to many conditions, and has an understanding of the practice of orthopaedics, the nature of trauma, rehabilitation, physiotherapy techniques, rheumatology and other conditions, such as diabetes. They are not able to practise in these areas or provide expert reports but they understand how these disciplines work and how orthotics can interact with them.

The essential part of the orthotist’s work is an assessment of the client’s specific problem. A prescription is formulated following detailed assessment of the client’s condition based on an interview, clinical history, physical assessment and in some cases more in-depth gait analysis (the study of walking).

All orthotic design in some way or another relies on Newton’s three laws of motion – and for those who have forgotten their school physics they are briefly as follows:

First Law: A physical body will remain at rest, or continue to move at a constant velocity, unless an external net force acts on it.

Second Law: The net force on a body is equal to its mass multiplied by its acceleration.

Third Law: For every action there is an equal and opposite reaction.

The detailed knowledge of these basic rules and human biomechanics, plus a greater understanding of more complex mechanics, allows the orthotist to fully understand the effect any orthosis may have and the implications for the client in the short and long terms.

They have access to technical information on a wide range of orthotic designs and also to commercially available orthoses that are not readily accessible to other professionals.

After full assessment, the orthotist is able to design an orthosis to suit the individual needs of the client. An understanding of the clinical problem must be matched with the knowledge of what is the most suitable device.

The measurement/casting, fitting and adjustment of the orthosis is the responsibility of an orthotist alone, and it is the orthotist who overviews the manufacture of the device. They will also educate the client on the use and fitting of their orthosis, which is vital to ensure correct function.

The orthotist has an understanding not only of the medical side of the client’s needs but should also be able to understand the financial implications.

In addition, they should be able to provide quantum reports based on their understanding of orthotic design, material science, and the biomechanics of the forces that are likely to occur on the orthosis during day-today activity.

Therefore, it is essential for the court to receive a complete, well-rounded expert report which provides a complete picture on the orthotic needs of a client.

There should be no reliance on recommendations from non-qualified professionals who may wish to stray outside their area of expertise. Simply seek a report from a fully-qualified registered orthotist.