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Dr Bashir Qureshi. Expert Witness in Cultural, Religious & Ethnic issues in Litigation and also in GP Clinical Negligence, London.

Expert Witness Blog

The fiduciary duty disconnect: who has responsibility on climate?

The fiduciary duty disconnect: who has responsibility on climate?

By Dr Mark Hinnells, director of Susenco Consulting Ltd

Fiduciary duty is when one person has an obligation in law to act in the best interests of another. It has usually been seen as financial and relatively short term.Currently the fiduciary duties of various actors – including cabinet ministers, fund or investment managers and company directors – are defined in different places in different ways, in a combination of law, policy and guidance, some of which is litigable and some is not.

 Increasingly, a longer time frame is being applied to fiduciary duty. As the impacts and costs of climate change are better understood, the risk to assets, investments, companies, financial systems and ultimately GDP becomes ever more obvious.

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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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New CPD for expert witnesses via podcasts

A few weeks ago, walking on a beach with my nine-year-old son, we started talking about modern inventions and how some of these stand the test of time while others do not. I asked him if he had ever heard of a “Walkman” and it was not really a surprise when he said that he had not.  Though he may not know about portable cassette players and cassettes, he certainly knows about “ipods” and “podcasts” – the very modern way of taking sounds with you wherever you go. Now podcasts are also the latest way for expert witnesses to stay up-to-date and gain valuable practise tips. City University’s City Law School has teamed up with EWI to launch 'lawinapod', a series of free CPD podcasts for expert witnesses. This is the first time that CPD for expert witnesses in this country has been made available via podcast. Some of us born before about 1990 may be asking “What exactly is a podcast?”

What does it all mean and how easy is it?

Podcasts are usually audio broadcasts, though some are videos, and these broadcasts are available via the internet to anyone who subscribes. For example, if you love the goings on at Ambridge, you need never miss another episode if you subscribe to 'The Archers' podcast. BBC Radio is now podcasting many of its shows.

Once subscribed to a particular podcast, your computer can automatically search for and download a new episode/s each time you are logged onto the internet. The downloaded podcasts can be played from your computer or you can transfer the podcast to a portable player, often referred to as an MP3 player. MP3 is the technical name for the format of the podcasts and ipod is the brand name given by Apple to the MP3 player it launched in 2001. The process of transferring your chosen podcasts onto your MP3 player is very straight forward.

Potable MP3 players are often no bigger than a packet of chewing gum and even basic models can hold thousands of hours worth of podcasts and music. In the last couple of years prices of players have come down and even brand name MP3 players can be purchased for under £50, though the higher specification models, especially those that play videos, are more expensive. Check with your accountant – the cost of your MP3 player may even be tax deductible if you use it for your work.

EWI and The City Law School first to launch CPD podcasting for experts

Learning via podcast is not new. Many universities, including the likes of Yale and Oxford, are recording lectures and making them available for students after the event via podcast. CPD podcasts especially for expert witnesses are new and EWI is the first expert witness membership body to bring CPD podcasts to its members.

EWI has teamed up with The City Law School in Gray’s Inn which, as it happens, is based just a few doors away from EWI offices. The podcasts are created by The City Law School’s CPD department.

As Director of City Law School’s CPD department and a barrister, I have long been involved in expert witness training and the study of expert evidence. Last year I carried out research into expert witness training and a major survey of expert witnesses. It became clear that expert witnesses were looking for something new in the way of CPD training. By creating these podcasts for expert witnesses and making them available with the help of EWI, I aim to do three things: to make CPD more accessible to expert witnesses, to draw on the expertise of lawyers and experts for training purposes, and to cover topics that expert witnesses say are not widely covered but which are of great practical significance.

What you will learn

Each lawinapod program is about 25 minutes in length and looks at expert witness work and expert evidence.Each includes interviews with leading expert witnesses, judges, lawyers and professors. The programs are packed with recent news on current topics and practical advice. For example, how to keep your data secure when it is on your PC/laptop or when you are sending it out to solicitors in reports. The series will look at how in the last ten years the role of the expert has changed and the biggest challenges expert witnesses face today.

Will podcasting stand the test of time? Will MP3 players be gathering dust in twenty years, like our old friends the audio cassettes? We don’t know the answers but we do know that podcasts are hugely popular - and for good reason. Now you can stay up-to-date and get essential tips for expert witnesses by subscribing to lawinapod. You can listen almost anywhere: on a train, in the garden, on the beach - just don’t try it in court.

The City Law School’s “lawinapod” podcasts for expert witnesses will be available from April 2008 and you can pre register via City University’s web site. Go to:  http://www.city.ac.uk/law/cpd/lawinapod.html

Penny Cooper

Governor of EWI and Associate Dean, The City Law School, City University

February 20th 2008

New Practice Direction for Experts in Family Proceedings Relating to Children

In July 2007 The Rt. Hon. Sir Mark Potter, President of the Family Division, spoke about the reasons for the introduction of The Public Law Outline (PLO), a new case management protocol for child care proceedings. He said “We have to recognise that the number and complexity of child care cases are increasing in a way that is straining resources to the limit.” The new system of case management has been trialled in ten pilot areas. The PLO is designed to improve the way in which child care proceedings are handled by local authorities, advocates, CAFCASS and the courts.

From 1 April 2008 the PLO will be rolled out nationally.  To coincide with this, on the same date, the new Practice Direction for Experts in Family Proceedings Relating to Children will come into force