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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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To be a toxicologist takes more than knowing the smell of bitter almonds

by Dr BOJAN FLAKS PhD DSc CBiol FIBiol FRCPath, of InfoResearch International TOXICOLOGY IS the science of poisons.

It is the study of the adverse effects of chemicals on living organisms, including the study of symptoms, mechanisms, treatments and detection of the poisoning of people or animals.

It is defined by the Oxford English Dictionary as: “...that department of pathology or medicine which deals with the nature and effects of poisons. So Toxicologist, a person versed in t[oxicology]”.

 

The American Heritage Dictionary of the English Language defines it as:

“The study of the nature, effects, and detection of poisons and the treatment of poisoning.”

Definitions of toxicologist include:

“One who studies the nature and effects of poisons and their treatment” (wordnet.princeton.edu/perl/webwn) and “A scientist trained to examine the nature of the adverse effects of chemicals on living organisms and assess the probability of their occurrence” (science.education.nih.gov/supplements/nih2/chemicals/other/glossary/glossary3.htm).

Those definitions imply that a toxicologist requires considerably more knowledge and expertise than the ability to read a material safety data sheet or to be aware of regulatory occupational exposure limits for chemicals. It is relevant to consider some of the criteria adopted by British and other bodies concerned with toxicology training and accreditation.

In the UK, the Royal College of Pathologists considers toxicology to be a specialty within the wider field of pathology. The College’s Core Training Programme for Toxicology aims to produce trained toxicologists able to provide expert opinions in their specialty option and who should have developed the appropriate skills to lead a department, if required.

Examinations are offered in six subspecialty areas of toxicology: systematic toxicology, histopathology and comparative pathology, mechanisms of toxicology, metabolism and pharmacokinetics, chemical pathology, haematology and immunology, genetic toxicology and reproductive toxicology. The core training programme covers the areas common to all six options. Over a minimum three-year period the trainee should acquire or develop:

1: Specialised factual knowledge about the mechanisms of toxicity in relation to the chosen specialty option in toxicology; an understanding of how to perform mechanistic investigations; awareness of national and international requirements/guidelines on appropriate studies for safety evaluation.

2: Interpretative skills so that a relevant specialist opinion can be derived from raw data.

3: Technical knowledge, gained from close acquaintance with laboratory experimentation, so that a methodology appropriate to toxicological investigations can be selected, relevant experiments designed and quality control and quality assurance procedures implemented.

4: Research and development experience; to develop and be able to demonstrate a critical assessment of bexperimental data and published work. Those skills are important to allow the trainee to contribute, in a team and individually, to the development of toxicology. Familiarity with laboratory organisation, laboratory methods and technical limitations is a prerequisite in determining the quality of experimental data.

5: The life-long habits of learning: reading, literature searches, consultation with colleagues, attendance at scientific meetings and the presentation of their own scientific work as part of their continuing professional development.

In addition the trainee should acquire data management skills, management skills, familiarity with relevant aspects of health and safety requirements, including COSSH, and oral and written communication skills, through publication of papers, production of scientific reports and presentation of data at scientific meetings.

Based on the experience of trainees from academia and industry and in the absence of specific full-time training posts in toxicology, candidates are advised by the College that they are unlikely to satisfy the training requirements for the Part I examination for MRCPath within less than five years of obtaining their primary academic qualifications.

Toxicology is described by the British Toxicology Society as: “...the study of how harmful effects may occur in humans, other animals, plants and the environment and how they can be avoided or minimised.”

The UK Register of Toxicologists, sponsored by the Institute of Biology and the British Toxicology Society, was established in 1993.

Applications to join the register are open to experienced scientists engaged in the field of toxicology.

Registered toxicologists are required to have an acceptable education leading to an appropriate qualification, together with any additional training required to achieve the necessary competence to practice their profession.

Requirements for registration include:

• A broad-based written examination such as DIBT, DRCPath, DABT or equivalent qualification, or an honours degree in a relevant science (taken over a minimum three-year period from a UK university or its equivalent) and at least five years subsequent relevant toxicological experience. The applicant: “Must be currently engaged in the practice of toxicology and be of good professional standing.”

• Assessment for suitability for registration, eg by published works, confidential reports or reviews and through evidence of CPD.

Those applying must name two senior toxicologists as referees, who can confirm the experience and current employment of the applicant.

A toxicological consultant can provide reports for commercial clients on the adverse health effects of chemicals which the company uses, manufactures or of which it disposes, and might be involved in toxicity testing of a new product. He can interpret and summarise the results of toxicological studies for purposes of litigation, serving as an expert witness in litigation involving the alleged adverse effects of chemicals on human health or the environment. He can also advise lawyers on the development of factual evidence and the strengths or weaknesses of the opponents’ case and determine cause and effect relationships.

It should be noted that forensic toxicology is a distinct area of analytical chemistry, rather than pathology. The forensic toxicologist does not generally have expertise in the adverse health effects of chemicals: his expertise lies in the detection and quantification of exogenous chemicals in bodily tissues and fluids. Although he should be aware of the general toxic properties of chemicals, he is not qualified to evaluate their causation of damage to health in the absence of the training and experience expected of a toxicologist.

Similarly, an occupational health and safety expert will be aware that, among other potential hazards, toxic chemicals may be present in the working environment, and will be aware of the current regulations governing their exposure limits. He will be able to determine and advise on the degree to which exposure to such chemicals has occurred in a workplace and whether these regulations have been observed. However, following the criteria of the bodies involved in toxicology training and/or accreditation, he will not have the necessary specific expertise to be able to offer expert toxicological advice, particularly on issues of causation.

Those criteria make it obvious that attendance at a short (day or weekend) course in toxicology cannot possibly provide sufficient training. To those exclusions I would add that membership of a governmental committee concerned with toxicity issues, or the tenure of an administrative position in an institution which carries out toxicological activities, do not per se confer toxicological expertise. In addition, the fact that an individual is a qualified and registered physician does not equip him to act as a toxicologist or to enable him to act as an expert witness in toxicology. The Royal College of Pathologists recognises that toxicological expertise requires specialised knowledge and experience not held by pathologists in general.

I am aware from personal experience that it is not unknown for individuals to have claimed to be toxicologists for the purpose of acting as expert witnesses in litigation, while lacking the necessary qualifications and experience.

Frequently that goes unchallenged because the lawyers involved and the court, as laymen, are not usually aware of the recognised criteria. A lay jury, not unnaturally, is even less likely to be aware of them.