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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

What steps do governments need to take on climate change?

What steps do governments need to take on climate change?

Mark Hinnells, director of Susenco Consulting Ltd, ponders the implications of the ICJ Advisory Opinion on Obligations of States in respect of Climate Change 

On 23rd July the International Court of Justice CJ passed an Advisory Opinion on Obligations of States in respect of Climate Change. 

The opinion has clearly not been issued in isolation. It sits alongside a history of Intergovernmental Panel on Climate Change (IPCC) reports published since 1990, with increasingly urgent scientific evidence. It supports the Paris Agreement 2015 targets to limit warming to 1.5 to 2 degrees Celsius, implying a halving of greenhouse gas emissions by 2030, and net zero emissions by mid-century. Governments are currently in their third round of making Nationally Declared Contributions (NDCs) towards the Paris Agreement. 

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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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Experts from Afentis Forensics review James Foley murder

Audio experts at Afentis Forensics have reviewed the evidence regarding the James Wright Foley murder – with particular emphasis on the suspect’s voice. The individual possesses a clear British accent. The pronunciation and intonation suggest an individual that has been raised or spent substantial time in or around London. The speaker uses a variety of English terms which would further suggest a Southern England connection; perhaps through family or relationship ties. There are phonetic indications that the individual comes from a multi-ethnic area of inner London, England, but intonations that possibly denote Afro-Caribbean links.

The militant dubbed ‘Jihadi John’ presents a detailed and lengthy audio sequence as a ‘piece to camera’. This dialogue describes the cause and objectives of the miltants, but this lengthy discourse provides an extremely valuable piece of evidence for investigators. The harmonics, patterns, rhythm, intonations, fundamental frequencies, vowel formants and their transmission characteristics – all combine to make a relatively unique voice.

By breaking down the speech into its fundamental components, a ‘voice print’ can be created. This could then be compared to audio from other websites, social media accounts, or even against intercepted telephone conversations. Whilst there will undoubtedly be a significant number of false positives (incorrect matches); this approach could help link the militant to existing extremist content, other offences, or help investigators locate the individual by use of their telephone.

Stature of Militant

Mr Patel, a senior expert at Afentis Forensics disclosed to the media that there is another man, and it’s him that might be the actual party that commits the James Foley Wright murder.

In the video, an obvious edit occurs and it’s after this that the second militant appears. “There’s definitely a change of actor, a change in the physique of the individual standing next to the deceased. There are subtle, but there are also noticeable changes in their build, their physical appearance.” The actor in the first scenes is slimmer and slightly taller than the heavy set and somewhat shorted individual that appears at the end of the footage. This is most noticeable when considering the height of the suspect’s shoulder lines in relation to the kneeling journalist. A further, minor point, is the relative posture of the parties. The latter individual has a pronounced slouch and forward stoop.

The video contains other characteristics of the men that can be analysed by investigators. For instance, the technique of ‘facial mapping’ can be applied. Taking careful measurements of nodal points, such as the position of the nose relative to eyebrows, ear and jaw lines, can help produce a relatively unique template. So whilst the face of the militant is concealed, the dimensions and structure could be used to form a template that could be used to sift through databases of passport photos or images retrieved from Internet forums and social media accounts.

Knives

Whilst the man who speaks holds a knife in one of his hands, it appears to be a different knife as to the one that was left next to Foley’s body. “The dimensions and style of the knives are slightly different,” said Patel. Also, in the first scenes the knife features a distinctive hilt between the handle and blade area. At the end of the handle is a noticeable cord or strap. The hilt is not visible on the knife that is discarded on the ground, near to the body, nor is any such cord/strap apparent.

Given the angle of the recording of the James Wright Foley murder, and distance away from the camera, it is difficult to estimate the length of the blade. However, it does appear that the discarded knife near to the body is slightly longer than the knife originally wielded.

Firearm Holster

With investigations held into trying to determine whether the British-accented man was also the killer, where the pistol was holstered was also examined.the holster position would suggest being right handed – but the knife is wielded in the left handIn the video the gun is shown holstered underneath the man’s left armpit, which is a common place to holster a gun when the person is right handed due to its easy access without restricting movement. When the video progresses the militant that commits the James Foley Wright murder appears to be left-handed.

The militant is carrying a shoulder holster meant for a right-handed person, however, it might very well be the case that he still is left-handed – as the holding of the knife indicates. It may be that the person simply couldn’t purchase/source a holster for a left-handed person. It can sometimes be difficult to source a left-handed rig. So whilst it should be noted, there is a risk of drawing too much of an inference from this detail.

Location of Execution

Focusing attention on the background in the recording; behind both men is a road going over the hilly terrain. Notable details include a dip in the hills on the right side of the frame. Additionally another camera angle was used in the video which showed a field and some buildings in the distance. By entering these landscape features into a Geographic Information System (GIS) it was possible to create a 3D relief which could be cross referenced against existing satellite and topology maps.

the execution was filmed outside the town of Raqqa, north central SyriaCombining this evidence, and cross referencing against terrain and topology databases has resulted in the positive identification of the recording location – the video depicting the James Foley Wright murder was filmed south of the town of Raqqa in north central Syria.

Stage Managed

It is clear that considerable time and preparation was involved in the James Wright Foley murder – from the selection of a desolate area, obtaining recording equipment (there is no discernible wobble, suggesting use of a tripod), specific clothing for the journalist (reminiscent of Guantanamo Bay detainees), drafting and memorising of a script, and ensuring the presence of parties dressed in near military fatigues that are willing and able to commit an act of murder. Whilst each of these elements may present clues – it should be noted that the degree of premeditation that has gone into the staging of this event, may itself suggest that some consideration has been given to limiting the amount of clues – potentially even including ‘red herrings’ to thwart investigators.

Afentis Forensics have provided expert commentary to CNN, BBC and a number of international news organizations. They welcome comments and feedback in confidence. Senior analysts are available for expert interview.

For further information on Afentis Forensics, visit their website at www.afentis.com

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