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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...

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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 ...

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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 Head...

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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 issue...

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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...

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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 ...

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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 poll...

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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 ...

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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,...

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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 witn...

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 Your Expert Witness Issue 68


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 The Charity Pages Issue 24


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Issue No. 67   The Charity Pages Issue 23

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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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Management of deer populations exercises Scottish Parliamentary committee

Picture of the Deer Park in Glengoulandie from geograph.org.uk for Your Expert Witness storyProgress on creating and implementing effective deer management plans across Scotland is too slow and some deer management groups lack public accountability, according to the Rural Affairs, Climate Change and Environment Committee.

Convener of the committee, Rob Gibson MSP, said: “There is no doubt that this is a controversial subject with strong views on either side of the debate. What was clear from the evidence our committee heard was that we need deer management groups to be effective and environmentally responsible, bringing in all interests, not just those of landowners. At the moment, the picture is patchy and inconsistent.

“The committee considers that there is no definitive evidence of the need to introduce a statutory duty of sustainable deer management for deer management groups at this point in time. However, if all deer management groups do not get their act together, this committee will have no choice but to recommend further action.”

In a letter to the Minister for Environment and Climate Change, Paul Wheelhouse MSP, outlined the wide-ranging and unanimous conclusions the committee came to. In particular, the committee concurred with the agencies that it is the impacts of deer rather than their absolute numbers that is most important when considering appropriate approaches to deer management.

Impacts of deer – environmental

The committee noted that in some areas there is a need to implement further practical measures to protect the biodiversity of designated sites and the wider landscape and environment. It stated it would be interested to hear from the Government on any research on the impacts of deer outside of designated sites, and the impacts on the natural heritage of changing herbivore numbers in the Scottish uplands, following declines in the number of hill sheep.  

Impacts of deer – economic and social

The committee urged the Scottish Government to undertake work to assess the impacts of different deer management approaches on local jobs and on rural communities. It did not take evidence on the wider impacts of deer but again expressed an interest in hearing from the Scottish Government of any research on the impacts of deer on the road network and impacts of deer on the urban environment.

Code of Practice

The committee expressed the belief that, as the code has only been in place for a relatively short time, it is premature to make a judgement as to how effective it is going to be.

It stated: “The committee considers that there is no definitive evidence of the need to introduce a statutory duty of sustainable deer management for deer management groups at this point in time. However, the committee will continue to monitor the effectiveness of the code and will review its success in generating changes in deer management before the end of the session.”

On the operation and effectiveness of deer management groups the committee said that the current and predicted pace of movement towards all DMGs having demonstrably effective and environmentally responsible management plans in place is too slow. It considers that a reasonable timeframe for all DMGs to have adopted such deer management plans is by the end of 2016. It said it will monitor progress in that respect and consider what further action may be required, should the voluntary approach fail, to ensure that deer management plans are adopted and implemented by all deer management groups by the end of 2016. Those plans, says the committee, should be “environmentally responsible and demonstrate how they are delivering positive outcomes for deer populations and for the natural heritage”.

The committee also recommended that all deer management plans should also be publically available, amid concerns that the work of some deer management groups is insufficiently transparent and publically accountable. The committee also expressed concern that some groups may be failing to include stakeholders with the necessary local knowledge, interest and expertise in deer management and recommended that meetings of the groups be held locally, while recognising that there may, at times, be a need for some matters to be considered in private.

The letter stated: “The committee urges the Scottish Government to ensure that the meetings of all deer management groups are effectively publicised and open to all and recommends that Scottish Natural Heritage supports this work. The committee also expects each deer management group to consider the appropriate number and frequency of meetings required to facilitate the development and implementation of its deer management plan and support the effective operation of the group.”

It concluded by asking for further information on deer management in other European countries.