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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

Mediation: floodgates, or yet another false dawn?

Mediation: floodgates, or yet another false dawn?

By Chris Makin chartered accountant, accredited civil mediator and accredited expert determiner 

You may have seen my article last December, and many similar from other mediators, with the title Have the Floodgates Finally Opened? We rejoiced at the case of Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 when, at long last, the Court of Appeal overturned Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 where Dyson LJ had said: “…to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction to their right of access to the court.” He said that this would offend Article 6 of the European Convention on Human Rights, which establishes the right to a fair trial. 

Well, now there isn’t an obstruction. Sir Geoffrey Vos, Master of the Rolls, decided that a judge can now insist that the parties go to mediation before being allowed a hearing. So all those years where judges imposed costs orders, mad...

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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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Conference unites health and legal sectors to improve quality of life for the seriously injured

More than 200 health and legal professionals gathered in Nottingham to celebrate the extraordinary achievements of people who have overcome significant injury and to learn about cutting edge research and developments in the rehabilitation sector.

The ‘Back in the Game’ conference, hosted by the UK’s largest provider of expert witness, assessment and case management services Bush & Company, was held at the Nottingham Belfry Hotel on 6 July, showcasing speakers from the world of sport, prosthetics and law.

Helen Jackson, Managing Director at Bush & Company, explained: “This was a unique opportunity to improve services through knowledge sharing and networking, with so many health and legal professionals all under one roof.

“Though each speaker considered a different element of rehabilitation, the day was built around a theme of understanding and empathy, reminding us that there is a person at the heart of the legal process during claims and settlements, whose relationships and self-esteem will be significantly impacted by a serious injury.

 

“We were all inspired, whether working for the claimant, defendant or under joint instruction to ensure that the process is as supportive as possible during such a distressing time for the individual and their family.”

The delegates heard from a range of professionals who established some key learnings from the day including the environmental, social and psychological impact of rehabilitation.

Consultant Psychologist, Jonathan Katz, spoke about regaining a sense of self through para-sport, whilst balancing this with the need to ensure a ‘one size fits all’ approach is not assumed. He said: “Though para-sport can provide a focus and purpose, not all people with a disability are looking to become elite athletes and can feel inadequate if these opportunities are pushed, especially if prematurely, as part of their rehabilitation. Some people just want to be able to undertake activities of normal life, such as taking their children to school – that is what helps them to rebuild their self-esteem.”

Offering a parent’s perspective, Claire Wood spoke about embarking on a legal process, following her son’s diagnosis of Athetoid Cerebral Palsy after a traumatic birth. Claire said: "The outcome is life-changing but the process can be traumatic for families. We are grateful we had a good team around us and I cannot stress enough that attitude of the solicitors, experts and case managers towards the family supporting the child is very important, as well as acknowledging the impact of 'deficit model' language used in report writing, on the family and the whole network around the child.”

The delegates also heard from Physio Function’s Neurological Physiotherapist Taher Dhuliawala, about advancements in exoskeletons used for rehabilitation, as well as Scott Richardson, Business Development Manager at Pace Rehabilitation. Scott, a leg amputee himself, demonstrated some of the latest developments in prosthetic technology, including microprocessor controlled components and osseointegration, and the impact they have on amputees and their day to day living.

Scott, said: “It may sound a strange thing to say, but it’s actually a good time to be an amputee. Prosthetic technology is continually advancing, offering the potential for increased function.” He continued, “It would be fair to say that when the bar gets raised technologically it does so financially too, so I appreciate the pressure on case managers to secure appropriate prosthetic provision that will give their client a better quality of life.”

Taher Dhuliawala, added: “Exoskeletons are currently very expensive devices but can help avoid many of the complications of wheelchair life and can help with relief for neuropathic pain. However, with advancements in manufacturing process such as 3D printing and actuator (motor) technology, we will hopefully see a time when this type of equipment starts to replace other wheelchairs as a primary means of mobility for people with physical impairments.”

Dr Mike England, Director of the Injured Players Foundation and Medical Director of Community Rugby for the Rugby Football Union gave a review of the key elements from the recently published 5th Concussion in Sport International Consensus Statement. He also spoke about current research into concussion, the RFU RugbySafe player welfare scheme and the challenges of educating the public about this complex condition in a landscape of limited evidence. He said: “While there is agreement on the principle messages, the science of concussion is still pretty incomplete. However, there is emerging evidence to support a move away from complete rest, and early intervention for key persistent symptoms to prevent post-concussion syndrome, plus there is strong evidence to support a multi-disciplinary team approach to rehabilitation in this complex bio-psychosocial condition.”

A highlight of the day was hearing from Matt ‘Hambo’ Hampson, a former English rugby union prop who became a C4/5 tetraplegic after a scrummaging practice accident in 2005. He shared his inspirational, rehabilitation journey and talked about the Matt Hampson Foundation. Matt said: “I stopped thinking ‘why me’ and instead, ‘why not me’. The Foundation encourages people who have been seriously injured through sport to focus on what they can do and not what they can’t.”

The day concluded with a medico-legal debate on the impact of technological advances on a claim. The discussion between solicitor Katherine Lennon from Brethertons, David Johnson partner at Weightmans law firm and Tracey Pike, claims manager at Zurich Insurance Company demonstrated how these developments in technology might influence their approach to the claim.

Bush & Company provides specialist medico-legal and rehabilitation expertise to insurance companies and solicitors, working with people who have sustained serious or catastrophic injuries, Bush & Company acts on referral from the injured person or by instruction from a Claimant or Defendant representative.

For more information about Bush & Company, visit www.bushco.co.uk