‘Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
‘Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court.’
Courts and Tribunals Judiciary, 7th November 2024
Source: www.judiciary.uk
‘Children are at risk of being wrongly removed from their parents’ care by the family courts because drug tests are being misinterpreted, experts have warned.’
The Guardian, 9th November 2024
Source: www.theguardian.com
‘The recent decision of Joanna Smith J in Leonard v Leonard [2024] EWHC 321 (Ch) is instructive for private client practitioners, non-contentious and contentious alike. The validity of a will was disputed on the grounds of lack of testamentary capacity and want of knowledge and approval. The case stands out for its unusual facts, of how warning signs were missed, of how a professional will drafter failed to comply with repeated client instructions for a simple will, and of how the court will be aided (or not) by ex post facto expert evidence.’
Wilberforce Chambers, 30th September 2024
Source: www.wilberforce.co.uk
‘Senior doctors and scientists have told the BBC they have concerns about how crucial evidence was presented to the jury at Lucy Letby’s trials.’
BBC News, 1st October 2024
Source: www.bbc.co.uk
‘Welcome to the Summer 2024 issue of our Travel & Aviation Bulletin, edited by Christopher Loxton. Whether you’re mourning the end of your summer holidays, or longing for the start of them, we hope this latest issue will provide some welcomed insights relevant to travel and aviation practitioners alike. From the termination of package holidays, to the jurisdictional challenge in the proceedings concerning aircraft detained in Russia, to relief from sanctions and expert evidence, to the contributory negligence and the limits on damages under Montreal Convention, we hope there is something in here for everyone.’
3 Hare Court, 21st August 2024
Source: www.3harecourt.com
‘The High Court has upheld two costs orders against Halton Borough Council following the collapse of a planning inquiry due to the failure of the council’s expert witness to support its case.’
Local Government Lawyer, 4th September 2024
Source: www.localgovernmentlawyer.co.uk
‘The recent Court of Appeal decision in D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 considered issues about the use of medical research literature as evidence in care proceedings under Part IV of the Children Act 1989. This case is an important decision, reminding practitioners of the importance of oral evidence and the evidence provided by expert witnesses in a time when the Government is running a pilot programme which might limit both of those things.’
St Ives Chambers, 8th August 2024
Source: www.stiveschambers.co.uk
‘Lucy Letby has become arguably the most notorious serial killer of modern times.’
BBC News, 29th August 2024
Source: www.bbc.co.uk
‘Does a late application for expert evidence in a discipline not addressed by existing directions require relief from sanctions, and with it, the formal application of the Denton test? In this article, Daniel Goldblatt and Katharine Bailey explore the practical implications of the Court of Appeal’s decision in Yesss, with a particular focus on late applications for expert evidence which may jeopardise a trial date.’
3 Hare Court, 8th August 2024
Source: www.3harecourt.com
‘Lucy Letby was convicted last year of murdering seven babies and attempting to kill six others at the Countess of Chester hospital in north-west England, where she worked as a nurse. She is serving 14 whole-life sentences, meaning she will never be released from prison.’
The Guardian, 2nd July 2024
Source: www.theguardian.com
‘Senior family lawyers have warned that a little-known pilot project centring on the role and use of expert evidence will see children wrongly taken from their families. The Department for Education-funded pilot is up and running at NHS trusts in Manchester, Sheffield and Birmingham with little information available to either the public or family law specialists.’
Law Society's Gazette, 24th June 2024
Source: www.lawgazette.co.uk
‘A leading judge has told expert witnesses they will not be replaced by AI, despite the courts enthusiastically embracing the technology.’
Law Society's Gazette, 20th May 2024
Source: www.lawgazette.co.uk
‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’
Falcon Chambers, 15th April 2024
Source: www.falcon-chambers.com
‘A circuit judge has attacked the “little micro-industry of unknown and unknowable commissions or referral or arrangement fees” in personal injury claims.’
Legal Futures, 18th April 2024
Source: www.legalfutures.co.uk
‘The High Court has removed a sole arbitrator it found had pre-judged the merits of a dispute because he said he knew and would believe the expert witnesses one side had put forward.’
Legal Futures, 27th February 2024
Source: www.legalfutures.co.uk
‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’
Mental Capacity Law and Policy, 11th February 2024
© Inner Temple Library 2024