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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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IMO Assembly to meet for 27th session

 

 

imo
The 27th Assembly of the International Maritime Organization (IMO) will meet in London at IMO Headquarters from 21 to 30 November 2011.

All 170 Member States and three Associate Members are entitled to attend the Assembly, which is IMO’s highest governing body. The intergovernmental organizations with which agreements of co-operation have been concluded and non-governmental organizations in consultative status with IMO are also invited to attend.

The Assembly normally meets once every two years in regular session. It is responsible for approving the work programme, voting the budget and determining the financial arrangements of the Organization. It also elects the Organization’s 40-Member Council.

The Assembly is preceded by the twenty-sixth extraordinary session of the Council, on Thursday 17th and Friday 18th November.

Review of the work of the Organization
The Assembly will review the work carried out by the Organization during the biennium 2010 2011, through the Council, the five IMO Committees and the Secretariat.

Highlights include the adoption, in May 2010, of the Manila amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW Convention), and its associated Code – the pinnacle of a year dedicated to the seafarer under the World Maritime Day 2010 theme of “2010: Year of the Seafarer”; the adoption, in April 2010, of the 2010 Protocol to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (HNS Convention); and the breakthrough adoption, in July 2011, of amendments to the International Convention on the Prevention of Pollution from Ships (MARPOL), Annex VI Regulations for the prevention of air pollution from ships, to add a new chapter on Regulations on energy efficiency for ships, representing the first-ever mandatory greenhouse gas reduction regime for an international industry sector.

The biennium saw the entry into force, on 28 July 2010, of the 2005 Protocols to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, respectively.

A comprehensive package of amendments to the international regulations affecting new passenger ships also entered into force.

Goal-based ship construction standards for bulk carriers and oil tankers were adopted; as were new, stricter, safety standards for lifeboat release and retrieval systems, aimed at preventing accidents during lifeboat launching. Development of a mandatory Polar Code, for ships operating in ice-covered waters, was commenced, and a Code of Safe Practice for Ships Carrying Timber Deck Cargoes was approved.

A draft agreement on implementation of the 1993 Protocol relating to the 1977 Torremolinos International Convention for the Safety of Fishing Vessels, one of the principal instruments on fishing vessel safety adopted by IMO but which has yet to enter into force, was approved, for submission to a diplomatic conference in 2012.

In a strong biennium for IMO’s technical co-operation activities, an achievement worthy of particular mention was the completion, in March 2011, of a major project to establish search and rescue cover around the coastline of the continent of Africa.

Also high on the agenda during the biennium has been piracy, the escalation of which, in recent years, has been a matter of great concern and has prompted IMO to make combating it a central theme of its work in 2011.“Piracy: orchestrating the response” was chosen as the theme for World Maritime Day 2011, emphasising the crucial role of IMO and other entities - including the United Nations, Governments acting collectively or individually, political and defence alliances, shipping companies, ship operators, ships’ crews - in tackling this criminal activity and maintaining the integrity of strategically important shipping lanes.

Strategic plan and budget
The Organization’s updated strategic and high-level action plans and the related results-based budget for 2012-2013 will be presented to the Assembly for adoption.

Appointment of the Secretary-General
The Assembly will be invited to endorse the decision of the IMO Council in June to elect Mr. Koji Sekimizu (Japan) as IMO Secretary-General, to start his four-year term on
1 January 2011. The current Secretary-General, Mr. Efthimios E. Mitropoulos (Greece) ends his term on 31 December 2011.

Adoption of resolutions
A number of draft resolutions have been submitted by the various IMO Committees for adoption by the Assembly, which will also consider, for adoption, any resolutions submitted by the Council’s 26th Extraordinary Session. The topics covered by such resolutions include:
• piracy and armed robbery against ships in waters off the coast of Somalia;
• further development of the IMO Member State Audit Scheme;
• the revised and updated Code for the Implementation of Mandatory IMO Instruments, 2011, to include the requirements deriving from amendments to relevant IMO mandatory instruments that will enter into force up to and including 1 July 2012;
• the revised Recommendations for entering enclosed spaces aboard ships;
• the International Code on Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (2011 ESP Code);
• the Code of Safe Practice for Ships Carrying Timber Deck Cargoes, 2011 (2011 TDC Code), revising and updating the original code adopted in 1973;
• the revised Procedures for Port State Control;
• the Periodic Review of Administrative Requirements in Mandatory IMO Instruments;
• technical co-operation;
• the revised Survey Guidelines under the Harmonized System of Survey and Certification;
• amendments to the International Convention on Load Lines (LL), 1966, to shift the Winter Seasonal Zone off the southern tip of Africa further southward by 50 miles; and
• the IMO/World Metereological Organization (WMO) Worldwide Met-Ocean Information and Warning Service.
2011 IMO Award for Exceptional Bravery at Sea
On the evening of the opening day of the Assembly, on Monday 21 November, the 2011 IMO Award for Exceptional Bravery at Sea will be presented to Captain Seog Hae-gyun of the Republic of Korea, Master of the chemical tanker Samho Jewelry. Captain Seog was nominated by the Government of the Republic of Korea for his heroic actions to keep his vessel and crew safe, while suffering vicious assaults, following a hijack by pirates off the coast of Somalia.

Certificates of Commendation will also be presented to a number of other nominees and special certificates will be presented to the Maritime Rescue and Coordination Centres of Falmouth (United Kingdom) and Stavanger (Norway).

___

IMO – the International Maritime Organization – is the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine pollution by ships.