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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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Online Social Networks – Launch pads for Malware

Your Expert Witness MalwareBy Aditya K Sood and Richard J Enbody - Regular contributors to the ISACA Journal.

With the advent of social networks, the online world has become a virtual society. Social networks serve as seamless communication channels, but at the same time they are ideal launch pads for malware infections. As a result there has been a tremendous increase in the dissemination of malware infections through social networks. The security and privacy mechanisms of social networks such as Twitter and Facebook have proven insufficient to prevent exploitation. As we know “To Err is Human,” and human errors lead to exploitation and manipulation whether the social network is online or offline.

Exploiting Human Trust, Curiosity and Ignorance

Social networks hold a plethora of personal information on the users that form the network. Individual connections between users collectively form a web of connections. To build each link between users an implicit trust is required between the two users and implicitly across the entire network. Any information provided by an individual user through chained connections becomes a part of the full network. If an attacker is able to exploit one user in the social network, they have the potential to be able to push malicious content (such as malicious URL’s) into the network. The connectivity of the network enables the spread of the exploitation. That is, the attacker exploits the weakest link in the chain. This exploitation process is aided by the inability of users (and their stored objects) to determine the legitimacy of content flowing through the social network. The infection process begins with the exploitation of human ignorance and curiosity followed by spreading of the infection through the trust upon which the network is based.

In order to start the exploitation process, an attacker can pick any issue that affects human emotions to drive the user in a social network to follow the path generated by the attacker. Topics such as weather calamities, political campaigns, national affairs, medical outbreaks and financial transactions are used for initiating infections. Phishing and spamming are used extensively for spreading messages on these topics with malicious intent. Basically, it is a trapping mechanism used by attackers to infect an entire online social network.

Exploit Mechanisms – The Art of Infection

Since social network exploitation begins by exploiting an individual user’s trust, curiosity, or ignorance common attack strategies have emerged:

One of the simplest infection techniques is the injection of malicious URLs into a user’s message wall. Since it can be difficult to differentiate between the legitimate URLs and illegitimate ones even a careful user can be tempted to click on the link. Unfortunately for the user, clicking the hyperlink can result in automatic download of malware from a malicious domain through the browser.

• Browser Exploit Packs (BEP) hold a number of browser-based exploits that are bundled together to customize the response to a victim. When a user visits a malicious domain, the BEP fingerprints the browser version and the related environment of the user machine. Based on this information, a suitable exploit is served to the user which exploits the integrity of that particular browser.
• Drive-by-Download attacks are triggered by visiting a malicious page. They exploit browser vulnerabilities in plugins and built-in components. Successful exploitation of the vulnerability results in the execution of shell code that in turn downloads the malware into the system. A variation of the Drive-by-Download attack is the Drive-by-Cache attack that can exploit browser cache functionality in order to execute malware.
• Malicious advertisements (malvertisements) are yet another technique to spread malware infections through online social networks. When an attacker injects the malicious link in a user message board, it is linked to a third party website which has malicious advertisements embedded in it. These advertisements are further linked to malicious JavaScripts which are retrieved by the browser that executes the malicious content in the context of running browser with the user’s privileges.

The biggest problem with the online social networks is that they do not have sufficient built-in protection against malware. For example, current social networks do not scan the URL’s and embedded content coming from third party servers such as Content Delivery Networks. Therefore, there is no mechanism to detect the authenticity of URL’s that are passed as message content among the user objects in the online social networks. In addition, it is easy to upload malvertisements, and social networks fail to raise any warning. Online social networks are not harnessing the power of Safe Browsing API’s from Google or similar services to instantiate a verification procedure before posting a URL back to a user profile. Lack of such basic protections is a key factor in making the social networks vulnerable to exploitation. Finally, many social network users are not knowledgeable enough to differentiate between real and malicious entities. Ignorance not only results in exploitation, but also greatly impacts the overall security of online social networks. Because of the high connectivity and need for trust in a social network users are particularly dependent on the built-in security features of online social networks, but the security features are not tough enough to thwart many malware attacks.

Conclusion

Robust security and privacy mechanisms are indispensable for safe online social networking. Built-in security is necessary because attackers exploit the trust, curiosity and ignorance to garner maximum profit. User awareness regarding security concerns is important but can only spread gradually, so social networks should be proactive and develop more sophisticated and stringent mechanisms to thwart malware infections. Safe and secure transmission of the information and robust user’s privacy should be the paramount concern of the social networking companies.

Biography

Aditya K Sood is a regularly writes articles for the ISACA Journal and is a senior security researcher and PhD candidate at Michigan State University. He has already worked in the security domain for Armorize, COSEINC and KPMG. He is also a founder of SecNiche Security Labs, an independent security research arena for cutting edge computer security research. At SecNiche, he also acts as an independent researcher and security practitioner for providing services including software security and malware analysis. He has been an active speaker at industry conferences and already spoken at RSA, HackInTheBox, ToorCon, HackerHalted, Source, TRISC, AAVAR, EuSecwest, XCON, Troopers, OWASP AppSec USA, FOSS, CERT-IN, etc. He has written content for HITB Ezine, Hakin9, ISSA, ISACA, CrossTalk, Usenix Login, and Elsevier Journals such as NESE and CFS. He is also a co author for debugged magazine.

Richard J. Enbody, Ph.D., regularly writes articles for ISACA Journal and is associate professor in the Department of Computer Science and Engineering at Michigan State University (USA) where he joined the faculty in 1987. Enbody has served as acting and associate chair of the department and as director of the computer engineering undergraduate program. His research interests include computer security; computer architecture; web-based distance education; and parallel processing, especially the application of parallel processing to computational science problems. Enbody has two patents pending on hardware buffer-overflow protection that will prevent most computer worms and viruses

About ISACA

With 95,000 constituents in 160 countries, ISACA® (www.isaca.org) is a leading global provider of knowledge, certifications, community, advocacy and education on information systems (IS) assurance and security, enterprise governance and management of IT, and IT-related risk and compliance. Founded in 1969, the non-profit, independent ISACA hosts international conferences, publishes the ISACA® Journal, and develops international IS auditing and control standards, which help its constituents ensure trust in, and value from, information systems. It also advances and attests IT skills and knowledge through the globally respected Certified Information Systems Auditor® (CISA®), Certified Information Security Manager® (CISM®), Certified in the Governance of Enterprise IT® (CGEIT®) and Certified in Risk and Information Systems Control™ (CRISC™) designations.

ISACA continually updates COBIT®, which helps IT professionals and enterprise leaders fulfill their IT governance and management responsibilities, particularly in the areas of assurance, security, risk and control, and deliver value to the business.

Follow ISACA on Twitter: http://twitter.com/ISACANews

Join ISACA on LinkedIn: ISACA (Official)