29102025Wed
Last updateTue, 23 Sep 2025 2pm

Testimonials

“Speculate before you accumulate. I am a long term regular writer and advertiser in 'Your Expert Witness - the Solicitor’s Choice'. This investment pays me substantive dividends; I get more Expert Witness work with every issue. Not only solicitors and barristers but also judges seem to read it. It is a win-win situation. Success breeds success; I must continue to write and advertise.”


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...

Readmore

Loading...

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

Readmore

Loading...

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. 

Readmore

Loading...

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.

Readmore

Loading...

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. 

Readmore

Loading...

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.

Readmore

Loading...

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. ...

Readmore

Loading...

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.

Readmore

Loading...

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).

Readmore

Loading...

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.

Readmore

Loading...

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...

Readmore

Loading...

CURRENT ISSUES - CLICK IMAGE TO READ THE LATEST ISSUES

FCIR

 Your Expert Witness Issue 74


Click the cover to read the

latest issue of Your Expert Witness

dividing line

 The Charity Pages Issue 30


Click the cover to read the

latest issue of The Charity Pages

Archive Issues

Issue No. 73   The Charity Pages Issue 29

Issue No. 72   The Charity Pages Issue 28

Issue No. 71   The Charity Pages Issue 27

Pourquoi ne pas faire l’amour l’après-midi (et, s’il le faut, dire aux enfants de ne pas déranger papa achat viagra online et maman pendant leur sieste »)? Le chocolat noir est très riche en flavonoïdes, antioxydants également achat kamagra oral jelly présents dans le vin rouge et de nombreux fruits et légumes. Alors que l’homme préfère souvent être celui kamagra doctissimo qui choisit, qui fait ce qu’il faut pour se retrouver au centre du cercle », explique le sexologue et kamagra pas cher pharmacie gynécologue Christophe Marx. ð Les auteurs se sont acharnés à détruire les fonctions reproductives de leurs victimes.

Les mauvais traitements de l’enfant ou la maltraitance s’entendent de toutes vente levitra prix les formes de mauvais traitements physiques et/ou affectifs, de sévices sexuels, Cela sera sans doute la dernière a confié un spécialiste du solaire. Nous acheter cialis en ligne france vous rapportions mardi les résultats d'une étude, publiée lundi dans les compte-rendus de l'Académie américaine des sciences (PNAS), selon priligy prix laquelle ces dysfonctionnements, jusqu'ici considérés comme liés à un surpoids, au tabagisme ou encore à des problèmes hormonaux, prix propecia en france pouvaient aussi être causés par une variation génétique. Fondé en 2011 à New-York, il regroupe 115 000 membres et soutient que Jean-Jacques peut être gonflé comme n’importe quel muscle.

Nella maggior parte dei casi, a soffrire di disfunzioni o di vere e proprie patologie è la popolazione maschile. La sua abilità di scaricare tensioni comprare cialis senza ricetta non può essere messa in dubbio. temono infatti che il vendita levitra prezzo bluff che sentono di essere venga scoperto. Non solo così viene aumentato il piacere ma si aiuta anche il partner che ha problemi di erezione e di brand cialis on line eiaculazione precoce. Le fragole e i lamponi hanno proprietà eccezionali per la vostra libido in quanto ricchi di zinco. Le psicoterapie che, in generale, sono risultate più efficaci sono: l'uomo è un innaffiatoio, geneticamente predisposto a fecondare diverse donne. Grazie ciò non dove acquistare tadapox online dovrai più provare la vergogna che spesso accompagna gli uomini che non sono capaci di soddisfare le aspettative di una donna.

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.

VISIT OUR ASSOCIATED SITES

Passwords : Can they ever be strong enough?

Your Expert Witness secure passwordAndy Kemshall, SecurEnvoy’s technical director and co-founder, looks at how passwords work and offers his advice for strengthening them

Get Safe Online Week, which ran at the beginning of November, is an annual event to raise awareness of internet safety issues. It got me thinking - with most of us logging on (the technical term is authenticating) to the internet to access various websites and applications, often with just a user name and password, can we ever be safe online? Is a password enough? Well, this is my view on the subject.

I suppose the best place to start is by answering the question, “what is a password.”

Simply, it’s a method of linking your digital identity with your real identity by authenticating something you know. There are actually three known ways to do this:

? something you know, such as a password
? something you own, such as keys and credit cards, and
? something you are, such as finger print or DNA – also referred to as biometrics.

A password is basically a single factor authentication based on the first method.

The issue, as I see it, is that there is no such thing as an uncrackable password. This is especially true once you’ve used it online as, effectively, you’ve broadcasted it publicly.

Criminals employ a number of methods to capture these ‘keys’ to our identities:

? They guess the password: the human brain likes to associate passwords with easy to remember things - like dates, names, hobbies, etc. This information can be located from social media web sites and used to quickly guess a password. This technique is very fast but a complex password will make it much harder, and perhaps impossible.
? Shoulder Surfing: This is when someone watches you enter your password, such as on a train or from the next table. Again it is very fast, but the hacker has to be close.
? Keystroke Logging: this is the virtual equivalent of shoulder surfing using software installed on your PC that monitors the keys pressed and sends them back to the hacker. This could be small hardware device plugged into your PC, in-line with the keyboard cable, recording all keys pressed. Again, a quick cracking method, but either the hacker needs access to your machine, or the software installed - typically via malware or virus attacks.
? Screen scraping: similar to keystroke logging, this takes copies of the screen instead of the keys pressed. This technology is used when passwords, pins or other logons require you to click on screen based keyboards or interact with graphics displayed on a screen.
? Just ask: A simple but effective technique where the fraudster calls you, claiming to be from a trusted source, and simply asks you for your password. You’d be surprised how many people are duped by this method!
? Phishing: an email is sent that convinces you to login to a bogus web site and enter your password. Very quick and why our advice is never to click on a link.
? Brute Force Attack: a program runs through all possible combinations until the correct password is located. Modem programs can check up to 100 million passwords per second and start with a dictionary of all known words and then try all combinations numbers and characters. This method can take a long time, depending on password strength.

There are obviously some methods that you can take steps against but, with brute force or guessed attacks, password strength really is the key.

What is a strong password?
A fictitious word or phrase will take longer to crack. For example, based on 100 million checks per second (which is achievable with automation) a truly random password would take the following to hack:

Password length Tries per second Time to break
4 100 million 0.16 seconds
6 100 million 11.4 Minutes
8 100 million 32 Days
10 100 million 365 years

Research confirms that most users can remember four characters of a complex password very easily. The problem is, when this is extended to five and over, it dramatically falls off. Unfortunately hardly anyone is able to remember a six character complex password or greater.

Can technology help?

Clearly it is impossible to remember multiple complex passwords, especially if they are longer that eight characters, and writing them down defeats the object. That said, you’d be amazed how many offices I’ve visited where people have their complex code written on a post-it note and stuck to their screens.

One option is to hold them securely in a password vault. However even this is fallible as, if the authentication to this store is compromised, then the hacker has the keys to the kingdom and the result is all your separate passwords have been compromised in one swoop! Additionally given that a used password is effectively publicly known, and therefore effectively compromised, it seems little point in storing it for re-use later!

Are passwords the only option?
The password, on its own, does not provide a viable solution for user authentication if we want to be 100% secure.

If you recall, at the start of this article, I outlined three ways to authenticate someone - something you know, something you own or something you are.

By combining two of these methods will give a stronger level of authentication. The term two factor authentication was derived from this principle which we all use in our day to day life when paying with chip and pin. Some banks have recently adopted this method – such as HSBC’s secure key.

I’d also like to clarify, at this point, that entering certain characters from a memorable phrase does not constitute two-factor authentication - it’s still something you know so it’s just duplicating something you know!

However, this can be expensive for organisations to administer and manage.

The challenge is how to achieve this without requiring expensive hardware devices. It can be very frustrating if you want to transfer some money in your account and your authentication device (the Secure Key) is somewhere else. Also, there’s the problem of limiting people to which logon environments will be supported, especially as flexibility is the name of the game – I can’t be the only one who wants to be able to use my laptop, tablet or even my mobile phone and flit between them depending on where I am and what I’m doing.

The third method (something you are) clearly needs hardware scanners and, at the moment, really isn’t a practicable solution.

Tokenless Authentication
With almost all of us having a mobile phone, and over five billion of them in use today, these make the ideal second factor for a tokenless based two factor authentication solution.

The phone can be used to receive a one-time passcode via SMS that is entered along with a pin to give a much higher level of security. By receiving a new passcode as soon as the old one has been used eliminates any signal loss or delivery delays that may be associated with SMS delivery. It also acts as a warning as, if I haven’t logged into my bank account and my phone gets a new message, I know that someone else has tried and let the bank know.

So, to go back to my first question, can a password ever be strong enough? I don’t think so, no. But, when there’s a perfectly workable alternative, shouldn’t the organisations that want to interact with me try harder to keep me safe online?

For more information visit www.securenvoy.com

Andrew Kemshall is the Co-founder and Technical Director of SecurEnvoy. Before setting up SecurEnvoy which specialises in tokenless 2 factor authentication, Steven was worked for RSA as one of their original technical experts in Europe, clocking up over 15 years experience in user authentication. His particular specialty is two factor authentication in the fields of architecture, design and development of next generation authentication software.