Expert Witness Features – page 22

Unenviable, thankless – but reliable

THE RELIABLE assessment of contaminated land in the UK can be an unenviable, thankless task.

Rather than a straightforward scientific decision, the determination of contaminated land within the context of UK legislation is often a grey and fuzzy process. As a result, today’s contaminated-land expert must possess not only an array of scientific skills but also considerable interpretative smarts to comprehend the reams of relevant guidance and legislation.

Essentially, it is about the difficulty in determining what actually constitutes ‘contaminated land’.

A matter of mediation

THE PROCESS of mediation runs parallel with conventional legal process. Parties and/or their professional advisers can, on case and at any time, elect to engage in the process of mediation, with such involvement typically falling outside conventional legal process. Mediation is a voluntary process that involves the appointment of a third-party neutral who, on behalf of the parties, assists the negotiation process with a view to helping the parties reach suitable terms of settlement.

Importantly, as the process is ‘interests based’ and not ‘rights based’, it enables parties to look for an outcome that may meet a variety of needs beyond just what they are entitled to under the law.

Knowing where to draw the line: you need more than a few old maps

ACCURATELY identifying the boundary between two properties often requires specialist knowledge.

The red line drawn around a property on the Land Registry plan shows only the general boundary.

It does not identify whether the boundary runs along the centre of a hedge or along one side of it.

How criminals can be condemned by their own hands

HANDWRITING evidence may be useful in the investigation of a variety of crimes, including cheque fraud, linking demand notes used in bank robberies to a suspect and establishing whether a suicide note is genuine or was written by a murderer to cover a crime.

One high-profile case compared the handwritten addresses on a series of letter bombs. A total of 15 explosive devices, some containing nails, were sent to addresses across the country as part of the campaign – a six-year-old girl was injured when she opened one parcel.

Complications arising from obstetric anaesthesia: when do they constitute medical negligence?

THE STORY of obstetric anaesthesia over the past 20 years has undoubtedly been one of clinical success. The triennial reports on Confidential Enquiries into Maternal Deaths in the UK clearly show that the number of anaesthetic-related maternal deaths has been steadily falling, despite anaesthetists being involved in an increasing proportion of labours (thanks to the rising epidural and Caesarean section rates).

The change has been achieved via a variety of factors, including improved anaesthetic cover for maternity units, but the most important is almost certainly the move from general to regional anaesthesia (epidural, spinal or combined spinal-epidural) for Caesarean section. Only around 10% of Caesarean sections are now carried out under general anaesthesia, compared to 77% only 20 years ago.