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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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Emotional Needs of Law Enforcement Personnel: Control Group Comparison Using the Contextual Needs Assessment

The emotional needs of 230 law enforcement personnel in the urban Midwest were compared with a control group of 316 persons using the Contextual Needs Assessment, an instrument designed to assess the emotional needs of persons in accordance with William Glasser's Choice Theory.

 

Groups were compared in a number of life contexts including needs with extended family, home, friends, peers, supervisors, subordinates, strangers in social settings and strangers in work settings. Multivariate Analysis of Variance and post hoc statistical analysis showed significant differences between groups on subscales and situations. Most statistical and clinical differences were found on Love and Belonging and Power subscales across situations.

Since the early 1930s, when the Wickersham Commission urged the development of professional police forces (Monroe & Garrett, 1931), police departments have used tests to assess aspiring police officers who wish to "serve and protect" their communities. Historically, assessment has taken the form of psychological tests designed to prevent persons with undesirable characteristics from being hired, namely individuals who are likely to behave inappropriately, to be violent, abusive or dishonest, and to predict job-related behavior (Dwyer, Prien, & Bernard, 1990). Recent data (Cochrane, Tett, & Vandecreek, 2003) suggest that 90% of the police departments require psychological evaluation of applicants. Forensic literature tends to focus on the use and characteristics of those instruments and provides insight into the ability of tests to predict the future behavior of persons expected to succeed in law enforcement (Detrick, Chibnall, & Luebbert, 2004; McQuilkin, Russell, Frost, & Faust, 1990; Cutler & Muchinsky, 2006; Varela, Boccaccini, Scogin, Stump, & Caputo, 2004).

Understandably, most discussions are from the perspective of work, but persons can be best understood in all of life's contexts. On one hand, one's experiences in law enforcement influence how that person understands life, much as one's experience in any occupation. Constant contact with the underside of society and the responsibility to control behavior of members of the public who may lack controls contribute to the development of cynical attitudes, serving to insulate police from civilians (Richardson, 1974). On the other hand, police as members of the community at large have families, belong to church and service organizations and carry on their lives as anyone else in the community. Law enforcement personnel live full lives, working to make personal meaning of life in a variety of settings. Assessments serve us best when they help us understand how persons function in a number of settings.

By looking at law enforcement persons from a more normative, less pathological perspective, acknowledging that police are essentially no different from others in terms of their basic emotional needs, the pathological perspective ordinarily implicit in psychological assessment can be put aside. In this study, we attempt to compare law enforcement and non law enforcement personnel across a variety of settings in order to find clues that will help us understand how law enforcement persons manage and meet basic emotional needs. In this way, we can simultaneously appreciate the unique place that law enforcement personnel play in the context of their work and how that interacts with other, non-police functions.

The theoretical basis of this investigation is found in William Glasser's Choice Theory (Glasser Institute, 2006). In Choice Theory, Glasser maintains that persons have five basic needs: survival, power, love and belonging, fun, and freedom. In all of life's contexts, persons choose behaviors and situations in which those needs will be satisfied, but different needs are met in varying degrees in different situations. The Contextual Needs Assessment (CNA) is an adjective checklist that requires the individual to identify those personal characteristics that best describe him/her in a variety of settings, ranging from relationships with family and extended family, to work contexts and relationships in non-work and non-family settings. The CNA has been shown to be a valid and reliable instrument for use with groups and individuals (Brown & Swenson, 2005), and it has been used in a variety of settings, most recently comparing school superintendents and how they make decisions in a variety of contexts (Brown, Swenson, & Hertz, 2007).

Design
This study compares two groups of individuals who completed the CNA. The first group was comprised of 230 law enforcement persons from a large urban area who were advanced undergraduate and graduate students. Their median age was 36 years old, and their median length of time in law enforcement was 10 years. Males comprised 78% of the group.

The second group was an aggregate of 316 persons, 198 of whom were college undergraduate and graduate students enrolled in non law enforcement programs, and 118 were professional educators. These individuals and their characteristics are reported in Brown and Swenson (2005) and Brown, Swenson, and Hertz (2007).

Results
A 5 (Scales: Survival, Power, Belonging, Fun, Freedom) x 8 (Situations: Extended Family, Home, Friends, Peers, Supervisor, Subordinates, Social Strangers, Work Strangers) x 2 (Groups: Police, Control) Multivariate Analysis of Variance (MANOVA) was conducted. Significant main effects were found on Scales, df = 4, F = 387.442, p = .000, and Situations, df = 4, F = 70.011, p =.000. Significant interaction effects were also found with Scales x Groups, d f= 4, F = 2.642, p < .032, Situations x Groups, df = 7, F = 8.588, p = .000, Scales x Situations, df = 28, F = 285.441, p = .000, and Scales x Situations x Groups, df = 28, F = 15.940, p = .000.

Post hoc t-tests, as shown on Table 1, suggested that police and controls differ in the way they meet basic emotional needs, particularly as measured in Belonging and Power, and to a lesser degree in Survival, Fun, and Freedom.

Analysis of Effects

Scales
The data in this study show that police and controls score highest in Belonging, followed by Fun with extended family, home, and friends. In all contexts, these scales are followed by Survival, Power, and Freedom. This is consistent with Glasser (2006), who reports that the most important need is Belonging, because closeness with persons whom we care about is the beginning of satisfying all other needs. Both police and the control group tend to rely less on work relationships to meet Belonging needs..

Situations
The Belonging and Fun scales vary the most across all situations, with both groups choosing to meet those needs with extended family, in the home, and with friends. The Belonging means were substantially lower in work contexts than other situations for both groups. The highest Belonging mean score fell at 6.90 in the home situation with controls, and the lowest at 1.88 in the supervisor situation with police.

Power scale scores also vary across situations, but the variance is not as extreme as with Belonging. Generally, both groups view home, work peers, subordinates, and work relationships with strangers as meeting Power needs more successfully than relationships with extended family, friends, work supervisors, and strangers in social settings. Survival scores vary even less among both groups, but both groups view home relationships as more salient for meeting Survival needs than extended family and friends.

Freedom scales were the lowest for both groups, with highest means falling at 2.14 for the control group at home, but with all other means falling between .98 and 1.97 for both groups in all other situations.

Scales x Situations x Groups
There are more similarities than differences between the police and the control group, with 25 of the 40 scales showing no significant difference. In general, law enforcement personnel and the control group use various life situations in similar ways to meet needs. Nevertheless, there are significant differences. We will compare differences on scales, then situations.

Survival
There is a non-significant but consistent tendency for police to focus more on Survival needs in all contexts. In all but one situation, subordinates, scores were higher for police than the control group. Mean Survival scores were significantly higher for police than the control group when dealing with strangers in work situations, t(410.137) = 2.300, p <.022, a phenomenon that carries into dealing with strangers in social settings where police score significantly higher than the control group, t(407.447) = 2.38, p <.018.

Power
As with Survival, there is a consistent but non-significant tendency for police to focus more on Power needs in relationships with extended family, home relationships, friends, and peers. Police are significantly more focused on Power needs with strangers in work settings than the control group t(394) = 4.5, p = .000, but as with Survival, that carries into dealing with strangers in social settings, where police score significantly higher than the control group, t(378.69) = 3.191, p < .002.

Police scored the highest with meeting Power needs in home relationships, which was followed by meeting Power needs with subordinates. With the control group, this relationship is reversed, with the control group scoring higher in meeting Power needs with subordinates first, then in home relationships. The difference between police and the control group in meeting Power needs at home approached statistical significance, t(460.7311) = 1.686, p < .092.

Belonging
Police scored significantly lower in Belonging than the control group in all situations but one: home. These data suggest reluctance among police to use other resources to meet Belonging needs, including extended family, friends, social strangers, as well as work relationships. Both groups meet most Belonging needs with extended family, home, and friends, but police use strangers in social situations significantly less than the control group to meet those needs, t(543) = -3.529, p < .0001.

Fun
The control group meets more Fun needs with subordinates than do police, t(543) = -2.715, p < .007, but there are no significant differences between mean Fun scores in other situations. Data suggest that the control group is able to meet more Fun needs with work relationships than are police, but both groups meet Fun needs with extended family, home, and friends, and to a lesser extent, with peers.

Freedom
Generally, these data suggest that Freedom needs for both the control group and police tend to be low. For both groups, Freedom mean scores fell between 1.01 (for the control group working with subordinates) to 1.81 (for police among friends).

Analysis by Situations
Although many of the observations reported below were previously reported, an analysis by situation may prove helpful in understanding how police and the control group incorporate need satisfaction into their daily lives.

Extended Family
The scoring pattern for this situation is consistent with mean scores: Both groups score highest in Belonging and Fun. They are able to fill these needs in that setting and with their extended families. On the other hand, police scored significantly lower than the control group in using the extended family to meet Belonging needs but significantly higher in using that situation to meet Power needs.

Home
As with extended family, both groups scored highest in Belonging and Fun needs at home. In this setting, the control group meets more Freedom needs than police, t(543) = 2.519, p < .012 .

Friends
Generally, both groups meet Belonging and Fun needs through friends, but the differences between police and the control group were highly significant, with the control group using friends to meet Belonging needs more than police, t(543) = 5.081, p < .0001.

Peers
The needs profile tended to be flattened for both groups, who use peers about equally to meet Belonging, Power, Survival and Fun needs. The control group used peer relationships significantly more than police to meet Belonging needs, t(543) = 5.081, p < .0001.

Supervision
Both groups scored slightly higher on Survival needs among supervisors, which suggests that surviving that relationship has particular need satisfying value, but neither group focuses on the use of supervisor relationships to satisfy Power, Fun, or Freedom needs.

As with other settings, the control group scored significantly higher in using supervisory relationships to meet Belonging needs than police, t(515.230) = -4.795, p = .000.

Subordinates
The control group scores significantly higher on using the work subordinate relationship to meet Belonging needs than do police, t(543) = -8.232, p < .0001. Nonetheless, both groups tend to score lower than 3.5 on using the work subordinate relationship to meet Survival, Power, Fun, or Freedom needs.

Strangers at Work
Neither group scores above 3.13 in using relationships with strangers to meet needs, particularly Fun or Freedom needs, which fall below 1.50 for both groups.

When working with strangers, police are shown to be much more sensitive to meeting Survival needs, t(410.137) = 2.3, p < .022, and Power needs, t(394.588) = 4.52, p = .000. As with other situations, the control group uses relationships with strangers at work to meet Belonging needs more than police, t(543) = -3.529, p =.0001.

Strangers in Social Situations
The scoring profile is slightly more elevated for both groups on Survival scores, but police tend, more than the control group, to use this situation to meet Survival needs, t(407.447) = 2.381, p <.018. Although using social situations with strangers to meet Power needs is de-emphasized for both groups, police score significantly higher than the control group in meeting Power needs through relationships with strangers in social situations, t(378.69) = 3.191, p < .002.

As in previous contexts, the control group scores significantly higher in its use of relationships with strangers in social settings to meet Belonging needs than police, t(543) = -3.723, p = .000.

Neither group tends to use relationships with strangers in social settings to meet Fun or Freedom needs.

Discussion

Survival
Survival need satisfying behaviors can be expected to remain constant across all situations. Individuals are not likely to demonstrate high Survival needs in one situation and low in another. However, with law enforcement personnel, a marked difference can be found in Survival needs as they are experienced in dealing with strangers in both work and social situations. This finding makes good sense in light of the high level of threat to police officers in situations where strangers may be engaged in unpredictable behaviors. The significant difference demonstrated by police in the areas of strangers in the work situation and strangers in social situations indicate an appreciation of the dangers involved in their interactions with individuals unknown. It is healthy that these differences exist, because it encourages a level of care and attentiveness that serves to protect law enforcement personnel as they go about their daily interpersonal encounters.

Power

A similar distinction between law enforcement personnel and the control group is evidenced in Power need satisfying behaviors. Once again, police evidence a significantly high need for Power when experiencing situations involving strangers in both work and social situations. The similarity to Survival is compelling. As with Survival need satisfying behaviors, police demonstrate Power need satisfying behaviors acutely when unfamiliar individuals are involved. Frequently, police are in positions of authority when dealing with strangers. Therefore, it is important that they recognize this as an appropriate situation to demonstrate Power need behaviors. Individuals who do not exhibit the need to demonstrate Power behaviors in dealing with strangers would most likely be ineffective in law enforcement.

Belonging

The results of this study are likely more striking in similarities than in differences. The most significant similarity is the reinforcement of Glasser's theory that Belonging needs are the very foundation of need satisfaction in healthy adults. Because this study in no way addresses the unique characteristics of unhealthy individuals, but chooses to focus on healthy adult behavior, it seems to support Glasser's theory that Belonging is the primary need to be satisfied regardless of occupation. In every group studied by these authors, Belonging has always been the need reported as primary.

Although the need for Belonging is pre-eminent in its presence, the need is met in different ways with different individuals. Herein lie some of the differences evidenced between the police group and the control group. Law enforcement personnel seem to count on their relationships at home to be the primary site for meeting their Belonging needs. Therefore a stable, supportive, happy home environment would seem to be critical to the need satisfaction of successful law enforcement personnel. More than members of the control group, police officers do not seem to count on relationships with extended family, friends, and colleagues at work to satisfy their Belonging needs. Difficulties in home relationships, therefore, may be a greater burden to law enforcement personnel than to others. By focusing on the home environment as the single, largest site of Belonging need satisfaction, police officers may be limited in their ability to successfully cope if and when those relationships become strained.

Fun
While all individuals, according to Glasser, have a fundamental need for Fun, those needs are met by various people in different ways. A significant difference between law enforcement personnel and the control group is evident in Fun need satisfying behaviors. Law enforcement personnel do not experience Fun need satisfying behaviors with their subordinates at work as much as does the control group. The hierarchical nature of police department organizations may well account for this significant difference. The line-staff relationship between individuals within the structure of the police hierarchy makes clear distinctions between bosses and subordinates. These clear lines create distinctions that are respected by all individuals within the organization. Most individuals within the control group experience work situations that are much less structured and well defined. The blurred lines that exist between supervisors and subordinates in work life outside the world of law enforcement allow for more relationship building between and among various levels within the organization.

Freedom
For both law enforcement personnel and members of the control group, the basic need for Freedom represents the lowest number of need satisfying behaviors. The structure of the work life of most people, certainly those involved in the highly structured world of police work, would not be need satisfying to the high Freedom need individual. High Freedom need individuals would seldom find any structured work environment satisfying, much less the highly structured, regimented, and disciplined environment of the police workplace.

Conclusion
Individuals entering law enforcement would be well advised to appreciate the differences that exist in need satisfaction that are unique to their occupation. Persons in this occupation demonstrate a high level of support from their immediate families at home. They are wary of strangers in both work and social situations. They do not form close, supportive relationships with those beneath them in the organizational structure of their work environment. Their behaviors in each of these areas set them apart from the larger population and distinguish them as being competent and successful. Future studies comparing new members of the law enforcement occupation with more experienced police officers would prove helpful to anyone seeking police work as a potential life commitment. Such a comparison would also address the question of stability of needs over time.