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Expect more joint instructions, experts warned

The former head of the NHS Litigation Authority (NHSLA) has predicted many more instances of expert witnesses appearing for both sides in clinical negligence, according to a report in the Law Society Gazette. Steve Walker, who retired as chief executive of the NHSLA in August, told the annual conference of the Expert Witness Institute: "We will be seeing many more joint instructions. It's a bold step, but if the sole purpose of civil litigation is to get to the truth then why not?

"Some of the most critical and best experts simply can't spread themselves too widely – at the moment there is a race to get the best experts on each case and there shouldn't be."

He warned experts against gaining a reputation for giving favourable evidence to either the claimant or the defendant side. He said: "...the judge will know, and invariably they will lose."


Human trafficking experts publish report on UK

Picture of poster against trafficking for Expert Witness storyOn 12 September the Council of Europe's Group of Experts on Action against Trafficking in Human Beings (GRETA) published its first report on the UK. According to the report, the UK has taken a number of important steps in the fight against human trafficking; however, more needs to be done to ensure that the overall approach is focused on the victims of trafficking and their rights as human beings.

The report welcomes the fact that, despite difficult economic circumstances, government funding to support victims of human trafficking has been maintained at over £2.75m per year across the UK. It also highlights numerous positive developments, including the creation of the UK Human Trafficking Centre and a National Referral Mechanism for identifying and assisting victims, as well as the adoption of a four-year Strategy on Human Trafficking covering the period 2011-2015.

Day of the Long Knives at MoJ

Picture of Chris Grayling for Expert Witness storyThe surprise elevation of Chris Grayling to the Cabinet post of Justice Secretary was not the only change of personnel at the Department of Justice. The department was one of the biggest casualties of the reshuffle, with just two ministers keeping their jobs. They are Liberal Democrat Lord McNally and Attorney General Dominic Grieve. The other high-profile casualty was Jonathan Djanogly, who steered the LASPO Act through Parliament.

Ryder MJ’s family justice review published

Picture of Mr Justice Ryder for Expert Witness storyMr Justice Ryder's report into the modernisation of family justice was published on 31 July and contains a series of proposals to improve the workings of Family Courts. His recommendations have been endorsed by the Lord Chief Justice and are intended to change the culture of the family courts for children and families themselves, and for judges, lawyers, social workers, Cafcass and social workers.

They include proposals to manage cases closely, identifying the key issues and making sure timetables are followed. A single Family Court will unify the various courts from magistrates upwards.

In particular, experts will be scrutinised more carefully, a move flagged up by Justice Minister Jonathan Djanogly at a Westminster Hall debate on 24 May and reported on this site (Expert testimony to come under scrutiny: 27 June).

Cases involving trees require specialist arboricultural advice

Your Expert Witness treeAlmost everyone likes trees. They provide many benefits, from the aesthetic to biodiversity and from cleaning the atmosphere to providing timber.  However, they can become problematic when things go wrong.

Although relatively rare, trees can cause personal injury and death when they fail and this often results in legal proceedings. As recently as 17 June three young boys aged 9 were crushed when a tree fell on them at Wandsworth Cricket Club. There have been a number of key legal cases involving tree related injuries in recent times including Poll v Bartholomew (2006) EWHC (QB) Bristol which was the case that prompted the establishment of the National Tree Safety Group (NTSG) to develop a common sense approach to tree risk management and balance the risks posed by trees against the environmental benefits they provide.