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Expert Witness News

Tyre expert’s evidence in multi-fatal accident supports change to tyre laws

A campaign to ban the use of tyres more than 10 years old on public service and commercial vehicles has moved a step nearer to success, with the announcement by the Transport Secretary that there will be a consultation on the issue.

The campaign – named Tyred – has attracted considerable attention in the North of England since its launch by Frances Molloy, whose son Michael was one of three people killed in 2012 when the minibus they were travelling in on the way home from a music festival veered off the road and crashed.

Last Updated on Tuesday, 20 August 2019 08:18


Fatal Accident Act 1976, A Petition to Change the Law

When a loved one is unlawfully killed in England and Wales due to an accident on the road or at work the law is unjust and outdated. One example is if a parent loses a child, the usual award will be a pitiful bereavement award and the return of ‘reasonable’ funeral expenses. The usual compensation award for a loss of a child is about £15,000. The old adage that ‘it is cheaper to kill’ is true here. The value of life, a child, is worthless. There are many other examples of the law getting in the way of justice. Motor vehicle insurance companies are happy for this unjust law to remain. We are not, the law needs to be modernised and updated as a matter of urgency. Scotland has a different laws that are much fairer to bereaved families. We need something similar to our barbaric laws.

The Law Commission – recommends Change

In the Law Commissions’ report, November 1999 made proposals to modernise the Fatal Accidents Act 1976 and to increase the bereavement award to bring the legislation into line with the values of modern society. Further proposals were put forward to render the law fairer and more certain than it is at present. Unfortunately the recommendations have not been implemented causing unnecessary hardship and distress to bereaved families who have lost a loved one to due to a fatal accident in England & Wales.

Last Updated on Tuesday, 15 May 2018 08:52


What does the future hold for the Paralegal sector

Rapid change has hit the legal sector over recent years and traditional attitudes to the provision of legal services have been upended.

Although there are several reasons for the changes, the main one is the requirement to comply with the regulatory objectives of the Legal Services Act 2007.

Three of the eight LSA objectives are: Improving access to justice, promoting competition and increasing public understanding of their legal rights.

Last Updated on Wednesday, 09 May 2018 12:39


CPR amendment: new requirements of what expert witnesses must include in reports

On the 2nd April 2018 an amendment to the Criminal Procedure Rules comes into force which changes the requirements of what expert witnesses must now include in their reports. This amendment is in relation to CrPR Part 19 (Expert evidence), in rule 19.4 (Content of expert’s report).

Pre 2nd April requirement:

(e)say who carried out any examination, measurement, test or experiment which the expert has used for the report and - 

Last Updated on Monday, 26 March 2018 10:33


Commercial litigation funding solution launched

Thousands of commercial litigation cases are being brought every year in the less-than-£2m arena, with an equally large number never making it to court due to a lack of available finance. And many of these are genuine, potential lawsuits that deserve to be heard but unfortunately the clients involved simply do not have the capital or appetite for risk to see them through.

BMS Funding, established in 2015, to support firms in the personal injury and clinical negligence sectors, has today launched a brand new funding solution to add to its growing suite of products aimed at supporting law firms across England and Wales.

“Commercial litigation funding has been the bastion of large, complex cases requiring tens of £millions in funding, but the majority of cases have a sub-£2 million funding requirement where litigants are expected to take the risk, pay their money and hope for a good outcome,” explained Paul Havenhand, Commercial Director of BMS Funding. “At BMS we have reviewed this sector, worked with insurers and now can offer a fully risk-managed, cost-controlled solution for these types of cases.”

Last Updated on Monday, 27 November 2017 12:14