Costs Orders and Experts – Family Law Week
‘Nisha Bambhra, barrister at Garden Court Chambers, considers the implications for expert witnesses who fail to comply with court orders.’
Family Law Week, 11th July 2019
Source: www.familylawweek.co.uk
Category: expert witnesses
What does “expert in the field of X” mean? – Practical Law: Construction Blog
‘Picture this scenario. The parties’ contract provides that when there is a dispute, an adjudicator is to be appointed from a panel of three, which the parties have already agreed on. In the alternative, if the parties cannot agree the identity of the three panel adjudicators, they will be nominated by the President of the Chartered Institute of Arbitrators (CIArb) as the adjudicator nominating body (ANB). In the event, the parties fail to agree on who the three should be, and then one of them is unhappy with who the CIArb selects. This scenario played out before Jefford J earlier this year. It was, in effect, a dispute about a dispute, but led to some interesting comments from the judge about adjudicator nomination.’
Practical Law: Construction Blog, 4th June 2019
Medical watchdog GMC needs to regain trust of doctors, finds review – The Guardian
‘The General Medical Council must fundamentally reform to regain the trust of the doctors it regulates and end their “toxic fear” of reprisals if they make mistakes, says a hard-hitting report.’
The Guardian, 6th June 2019
Source: www.theguardian.com
Two experts added to Grenfell inquiry to broaden oversight – The Guardian
‘Grenfell survivors have welcomed the UK prime minister’s decision to appoint two more people to oversee the public inquiry into the disaster that claimed 72 lives, after raising concerns their interests risked being overlooked.’
The Guardian, 30th May 2019
Source: www.theguardian.com
Carbon credits fraud trial collapses after expert witness found to have no expertise – The Independent
‘A carbon credits trial collapsed after an expert witness was found to be unqualified, and more than 20 fraud trials could be declared unsafe.’
The Independent, 30th May 2019
Source: www.independent.co.uk
Leading firm held liable for asbestos case blunder – Legal Futures
‘The High Court has ordered Cardiff-based Hugh James to pay six-figure damages to the family of an asbestos victim for professional negligence in abandoning their personal injury claim.’
Legal Futures, 1st May 2019
Source: www.legalfutures.co.uk
Bridle-ing at a SAR? – Panopticon
‘Sometimes the Easter Bunny comes bearing mysteriously non-egg shaped gifts to the data protection practitioner. The judgment of the always-worth-reading Warby J in Rudd v Bridle & J&S Bridle Ltd [2019] EWHC 893 (QB) is just such a delivery, albeit that this one appears to contain a high content of asbestos.’
Panopticon, 18th April 2019
Source: panopticonblog.com
MPs call for inquiry into alleged forgery of signatures – BBC News
‘MPs are pressing the Treasury Select Committee to open an immediate inquiry into the alleged forgery of signatures in bank court documents.’
BBC News, 29th March 2019
Source: www.bbc.co.uk
The President’s guidance on anonymisation in published judgments – Transparency Project
‘On 7 December 2018, Sir Andrew McFarlane, the President of the Family Division, issued some practice guidance to judges entitled Practice Guidance: anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena(see January [2019] Fam Law 68). In it, he refers to a report written by Julia Brophy and published by the Association of Lawyers for Children (ALC) in July 2016 (J Brophy, Anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena: judicial guidance, available on the ALC and Nuffield Foundation websites).’
Transparency Project, 12th March 2019
Source: www.transparencyproject.org.uk
UK court ruling raises hopes of asylum for torture survivors – The Guardian
‘Tens of thousands of torture survivors could find it easier to secure sanctuary in the UK after a ruling by the supreme court.’
The Guardian, 6th March 2019
Source: www.theguardian.com
Judge rejects bid to exit shorter trial scheme – Litigation Futures
‘A judge has refused a party’s application to remove their case from the shorter trial scheme.’
Litigation Futures, 22nd February 2019
Source: www.litigationfutures.com
Challenging Interim Threshold – Family Law Week
‘Anna McKenna QC, 1 King’s Bench Walk, Emily Boardman, partner, Boardman, Hawkins & Osborne LLP and Anna Sutcliffe, barrister, 1 King’s Bench Walk consider the circumstances when it may be appropriate to challenge interim threshold findings in an alleged NAI case without waiting for evidence from a single joint expert.’
Family Law Week, 30th January 2019
Source: www.familylawweek.co.uk
Court berates “most unsatisfactory” expert evidence – Litigation Futures
‘Claimants and their lawyers could not just blame their expert for the “most unsatisfactory” state of his evidence, the Commercial Court has said in refusing to allow them to bring an important part of a huge commercial claim. Mr Justice Males said parties and their lawyers had to step in when they were aware of a problem.’
Litigation Futures, 24th January 2019
Source: www.litigationfutures.com
Experts’ Agendas – a Warning from the Bench – No. 5 Chambers
‘“It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do not think that anything further needs to be said or done in this case. However, if this worrying trend continues, parties may find that courts begin considering costs consequences.” – Mrs Justice Yip commenting on the experts’ agendas in the recent case of Welsh v Walsall Healthcare NHS Trust 2018 EWHC 1917 QB.’
No. 5 Chambers, 10th December 2018
Source: www.no5.com
Speech by Lord Justice McFarlane: Bond Solon Experts Conference 2018 – Courts and Tribunals Judiciary
‘As a family judge, and now the judge responsible for the family justice system throughout England and Wales, I am very pleased to be able to address this conference and to take the opportunity to say something about the role of experts in family proceedings, the role of experts more generally before concluding, on a topic which may be of general interest to each of you, by saying something about the radical changes which are currently being developed and implemented in every court and tribunal and in every area of jurisdiction, be it criminal, civil or family law.’
Courts and Tribunals Judiciary, 9th November 2018
Source: www.judiciary.gov.uk
Jail for PI lawyer who lied in witness statements – Legal Futures
‘A solicitor described by a High Court judge as a “thoroughly dishonest man” has been jailed and a medical expert who produced an “astonishing” 32 reports a day handed a suspended prison sentence for civil contempt of court.’
Legal Futures, 10th October 2018
Source: www.legalfutures.co.uk
Speech by Sir Ernest Ryder, Senior President of Tribunals: Experts under the Judicial Microscope – Courts and Tribunals Judiciary
‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Experts under the Judicial Microscope.’
Courts and Tribunals Judiciary, 8th October 2018
source: www.judiciary.uk
Disciplined solicitor blames failings on legal aid cuts – Legal Futures
‘A criminal sole practitioner has been fined for offences including failure to distribute legal aid payments for professional disbursements, which he blamed on having laid off a manager after the firm suffered from government cutbacks.’
Legal Futures, 25th September 2018
Source: www.legalfutures.co.uk
Expert who sent first draft of evidence to solicitors “not a hired gun” – Litigation Futures
‘It was “a serious transgression” for an expert witness to make changes to his evidence after sending a first draft to his client’s solicitors, the High Court has ruled.’
Litigation Futures, 16th August 2018
Source: www.litigationfutures.com
