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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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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.

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SatNav Forensics

by PAUL VELLA of Evidence Matters

SATNAV DEVICES HAVE become so commonplace in modern society that I wonder if in a few years when I explain to my young children whether they will believe me when I tell them that we used to drive to places by simply ‘knowing’ how to get there or by reading a map.

Yet, the SatNav hasn’t been around very long. The Global Positioning System (GPS) was established in 1973 by the US Department of Defense and comprises of at least twenty-four satellites (there are currently twenty-nine operational satellites in orbit). These satellites transmit a synchronised time signal, which allows a device on earth to calculate how far away each of the satellites are (based on how long it has taken the signal to reach the device), and can then triangulate its position provided it has received signals from at least three satellites.

Whilst intended as a military project, in 1983 a Soviet interceptor shot down a civilian KAL 007 that had strayed into prohibited airspace due to navigational errors killing all 269 people on board. Following this, US President Ronald Reagan announced that GPS would be made available for civilian used once it was completed.

By December 1993, GPS had achieved initial operational capacity, and in 1996, recognising the growing importance of GPS in civilian use, US President Bill Clinton issued a policy directive establishing GPS as a dual-use system and established an interagency GPS executive board to manage it as a national asset.

It is sometimes hard to believe that the first TomTom device didn’t reach the shelves in Halfords until as late as 2004, although prior to that it was possible to install TomTom software on PocketPCs equipped with a GPS receiver.

In order to receive a signal, the SatNav device must have a clear view of the sky, and I always get a kick when TV shows like 24 somehow manage to ‘track’ people in the subway or multi-storey car parks using GPS.

So, history lesson over, what can we learn from a SatNav? Quite a lot actually. Depending on the make and model, different devices retain different quality and quantity of data. A device I examined recently had maintained a log of the past 240 planned journeys, in addition to the last few ‘recorded’ locations where a ‘GPS fix’ had been obtained and stored. One of these in particular showed the defendant going to the wrong address and then plotting a new route to the correct address just half a mile away.

Some devices will record dates and times of journeys, others won’t. Likewise, some devices will maintain ‘track logs’ whereas some others won’t.

Some SatNav devices will connect to a mobile phone via Bluetooth, and can maintain a copy of incoming text messages as well as logs of calls made and received by the mobile phone whilst in the car.

Of course, it isn’t just TomTom devices that are of interest, one case we were instructed on involved smuggling drugs across the English Channel. The handheld GPS receivers had previously been examined by another firm of experts, but they had failed to extract track logs which enabled us to provide details of the previous two dozen or so journeys across the channel by boat, including the dates and times of departure and arrival.

When we started conducting forensic examinations of SatNav devices most of the data had to be decoded manually, but today there are many tools at our disposal to help us interpret the data which helps tremendously in providing a fast turnaround and keeping the costs down.

Of course, the true purpose of a SatNav is to ensure that us men never have to admit defeat and ask someone for directions, which perhaps is the real reason they are so popular.