Scope of duty, “moral turpitude” and adverse inferences: Melia v Tamlyn and Son Limited – Hailsham Chambers

Posted December 19th, 2024 in chambers articles, evidence, expert witnesses, negligence, news, planning, surveyors by sally

‘The case of Melia v Tamlyn and Son Limited tackles several key issues in professional negligence, including the scope of duty post-MBS, approach to conflicts of evidence, and the significance of unlawful conduct.’

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Hailsham Chambers, 4th December 2024

Source: www.hailshamchambers.com

Lucy Letby’s lawyers seek fresh appeal after saying expert witness ‘changed his mind’ over deaths – The Independent

Posted December 17th, 2024 in children, expert witnesses, murder, news, nurses by tracey

‘Lucy Letby’s lawyers are seeking to launch a fresh appeal over her convictions after claiming the prosecution’s lead witness was “not reliable”. The serial killer nurse’s barrister, Mark McDonald, said he would immediately seek permission from the Court of Appeal to take the “exceptional, but necessary, decision” to apply to reopen her case.’

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The Independent, 16th December 2024

Source: www.independent.co.uk

Judge castigates expert who was “prepared to mislead the court” – Legal Futures

‘The High Court has rejected the evidence of an expert witness who had “little or no regard” to the Civil Procedure Rules and was “prepared materially to mislead the court”.’

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Legal Futures, 13th December 2024

Source: www.legalfutures.co.uk

New guidance on ‘parental alienation’ in family court battles – BBC News

‘Family courts in England and Wales should give more weight to allegations of domestic abuse than to claims of “parental alienation”, according to new guidance.’

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BBC News, 11th December 2024

Source: www.bbc.co.uk

Capacity in Sexual Relations: Court of Appeal Overturns Decision in ZX Case – 39 Essex Chambers

’39 Essex Chambers barristers Victoria Butler-Cole KC and Francesca Gardner acted for a client, ZX, by his litigation friend the Official Solicitor, in a successful appeal of a decision that ZX lacked capacity to engage in sexual relations.’

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39 Essex Chambers, 3rd December 2024

Source: www.39essex.com

Injuries and Part 25 experts – Local Government Lawyer

‘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.’

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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

‘Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court.’

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Courts and Tribunals Judiciary, 7th November 2024

Source: www.judiciary.uk

Children taken away from parents due to misreporting of drug tests, say experts – The Guardian

‘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.’

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The Guardian, 9th November 2024

Source: www.theguardian.com

Testamentary capacity: warning signs and professional best practice – Wilberforce Chambers

Posted October 18th, 2024 in chambers articles, expert witnesses, news, probate, wills by sally

‘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.’

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Wilberforce Chambers, 30th September 2024

Source: www.wilberforce.co.uk

Lucy Letby: police and CPS handling of case raises new concerns about convictions – The Guardian

‘When the public inquiry into the crimes of the former nurse Lucy Letby opened in Liverpool last month its chair, Lady Justice Thirlwall, dismissed concerns about the safety of the convictions as “noise”. The judge cautioned that questions being raised were increasing the distress of parents whose children had died or been harmed.’

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The Guardian, 10th October 2024

Source: www.theguardian.com

Lucy Letby: Experts tell BBC about medical evidence concerns – BBC News

Posted October 1st, 2024 in children, evidence, expert witnesses, hospitals, medical treatment, murder, news, nurses by tracey

‘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.’

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BBC News, 1st October 2024

Source: www.bbc.co.uk

Travel & Aviation Bulletin – Summer 2024 – 3 Hare Court

Posted September 4th, 2024 in aircraft, chambers articles, damages, expert witnesses, holidays, negligence, news by tracey

‘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.’

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3 Hare Court, 21st August 2024

Source: www.3harecourt.com

High Court Upholds Costs Orders Against Halton Borough Council Over Planning Inquiry – Local Government Lawyer

Posted September 4th, 2024 in costs, expert witnesses, health & safety, housing, inquiries, local government, news, planning by tracey

‘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.’

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Local Government Lawyer, 4th September 2024

Source: www.localgovernmentlawyer.co.uk

Re: D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 – St Ives Chambers

Posted September 2nd, 2024 in accidents, appeals, care orders, children, expert witnesses, families, local government, news by sally

‘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.’

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St Ives Chambers, 8th August 2024

Source: www.stiveschambers.co.uk

Lucy Letby: Questions grow in debate on killer’s convictions – BBC News

Posted August 29th, 2024 in children, evidence, expert witnesses, hospitals, murder, news, nurses by sally

‘Lucy Letby has become arguably the most notorious serial killer of modern times.’

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BBC News, 29th August 2024

Source: www.bbc.co.uk

CA rejects drug-dealer’s criticism of legal team over conviction – Legal Futures

‘The Court of Appeal has rejected criticisms of his legal team by a man jailed for possessing cocaine with intent to supply.’

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Legal Futures, 19th August 2024

Source: www.legalfutures.co.uk

Opine and No Punishment: Relief from Sanctions and Expert Evidence – 3 Hare Court

‘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.’

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3 Hare Court, 8th August 2024

Source: www.3harecourt.com

3 Essential Clinical Negligence Updates – Law Pod UK

‘For those looking to keep on top of their CPD over the summer, in Episode 204 Emma-Louise Fenelon interviews John Whitting KC and Robert Mills about recent developments in clinical negligence.’

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Law Pod UK, 5th August 2024

Source: audioboom.com

How has Lucy Letby tried to fight guilty verdicts and what could happen next? – The Guardian

‘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.’

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The Guardian, 2nd July 2024

Source: www.theguardian.com

Curbs on expert cross-examination could lead to wrongful removals, family silks warn – Law Society’s Gazette

Posted June 25th, 2024 in child abuse, children, cross-examination, expert witnesses, news, pilot schemes by tracey

‘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.’

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Law Society's Gazette, 24th June 2024

Source: www.lawgazette.co.uk