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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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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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Slaughterhouse CCTV proposals to extend to Scotland

With consultation on CCTV in slaughterhouses closing on 22 September, the Scottish Government has announced plans to introduce a similar consultation as part of its Government Programme for Scotland 2017/18.

The decision has been widely welcomed by the veterinary profession and follows campaigning to include the measure in Scotland alongside the model for England announced by Michael Gove in August.

Melissa Donald, president of the Scottish branch of the British Veterinary Association (BVA), said: “We’re delighted that the Scottish Government is looking seriously at introducing mandatory CCTV in abattoirs.

Although a high percentage of abattoirs in Scotland already have CCTV, there are no rules governing how the footage is used or kept, and it is essential that Official Veterinarians have unrestricted access so they can fully monitor animal health and welfare throughout the slaughterhouse.

“Following Defra’s announcement last month I wrote to the Cabinet Secretary urging the Scottish Government to follow Defra’s lead in order to maintain Scotland’s reputation for high animal welfare from farm to fork.”

Environment Secretary Michael Gove announced the consultation as part of a series of measures to strengthen animal welfare standards in England.

The proposals are aimed to deliver a manifesto commitment for CCTV to be required in every slaughterhouse in England in all areas where live animals are present, with unrestricted access to footage for Official Vets, thus reassuring consumers that high welfare standards are being effectively enforced.

Michael Gove said: “We have some of the highest animal welfare standards in the world and the actions I am setting out today will reinforce our status as a global leader. As we prepare to leave the EU, these measures provide a further demonstration to consumers around the world that our food is produced to the very highest standards.”

Under the new plans for CCTV, footage would be accessible to the Food Standards Agency’s (FSA) Official Veterinarians (OVs), who monitor and enforce animal welfare standards in the slaughterhouse.

The FSA has strict processes in place for the approval of slaughterhouses and OVs carry out checks to make sure the welfare of animals is protected throughout their time there. If breaches are found a slaughterhouse can be given a welfare enforcement notice, have licences suspended or revoked or be referred for a criminal investigation.

FSA chairman, Heather Hancock, said: “The Food Standards Agency takes a zero tolerance approach to any breaches of animal welfare standards in slaughterhouses. Last year we concluded that it was time to make CCTV compulsory in slaughterhouses, progress on voluntary adoption having plateaued.

“I and the Board of the FSA warmly welcome Defra’s consultation about making CCTV mandatory. We look forward to the introduction of a comprehensive requirement for using, accessing and retaining footage from CCTV in abattoirs. We see CCTV as an invaluable management tool for business owners to help with compliance with official controls and to improve animal welfare standards across the industry.”

The BVA has also called on the Welsh Government to implement a similar proposal. The president of its Welsh branch, Sarah Carr, declared: “We were disappointed last year that the Safeguarding Animal Welfare at Slaughter Task and Finish Group’s report concluded that there was not a ‘sufficient basis’ for making CCTV in Welsh abattoirs mandatory. With plans now underway to introduce mandatory CCTV in all slaughterhouses in England, with full and unrestricted access to footage for Official Veterinarians, we are urging the Welsh Government to implement concurrent measures in Wales.”

The UK Government has also confirmed it will raise standards for farm animals and domestic pets by modernising statutory animal welfare codes to reflect enhancements in medicines, technology and the latest research and advice from vets. The codes will remain enshrined in law and the first to be updated will cover chickens bred for meat.

A consultation on the Code of Practice for the Welfare of Meat Chickens and Meat Breeding Chickens is running alongside that on CCTV in slaughterhouses and will close on 6 October.