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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...

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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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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.