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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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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.

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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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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.