Backlash on whiplash – New Law Journal
‘Chris Pamplin looks at recent moves by the Ministry of Justice to control the whiplash claims industry & MROs.’
New Law Journal, 14th November 2014
Source: www.newlawjournal.co.uk
Category: expert witnesses
Laughton v Shalaby – “Similar Fact Evidence” in Civil Cases – Admissibility of Evidence of Incompetence in Other Cases in a Clinical Negligence Claim – Zenith PI Blog
‘In Laughton v Shalaby [2014] EWCA Civ 1450, the claimant appealed a decision that the defendant surgeon had not acted negligently in the course of carrying out a hip operation.’
Zenith PI Blog, 17th November 2014
Source: www.zenithpi.wordpress.com
JR looms as MoJ admits: new whiplash rules “could lead to misunderstanding” – Litigation Futures
‘The Ministry of Justice (MoJ) has admitted that the new rules for whiplash claims, introduced on 1 October this year, “could in practice lead to some misunderstanding” and may have to be amended.’
Litigation Futures, 14th November 2014
Source: www.litigationfutures.com
Whiplash claimants to be given random choice of medical expert – Litigation Futures
‘The government is set to give claimants and their solicitors a random selection of medical experts to choose from as part of the next stage of whiplash reform, it has emerged.’
Litigation Futures, 12th November 2014
Source: www.litigationfutures.com
Neuberger unsure of benefits of single joint experts – Litigation Futures
‘The use of single joint experts could render the judge purely a “figure head” in proceedings, the president of the Supreme Court has warned.’
Litigation Futures, 10th November 2014
Source: www.litigationfutures.com
Top QC calls for enquiry into expert witness misconduct – Litigation Futures
‘A leading barrister has called for a study to examine whether anecdotal evidence of abuse and misconduct by expert witnesses is on the “industrial scale” alleged by some, as funding arrangements increase the risk of malpractice.’
Litigation Futures, 10th November 2014
Source: www.litigationfutures.com
Appeal court shows its bottle – summary judgment on patent infringement – Technology Law Update
‘It is unusual for a patent infringement case to be decided without a full trial. A judge will normally want to hear evidence from experts to understand what people working in the relevant field would have known at the time when the patent was first filed. Recent examples of this kind of analysis can be found in Virgin v Rovi (discussed here) and Teva v AstraZeneca.’
Technology Law Update, 20th October 2014
Source: www.technology-law-blog.co.uk
2014 Kalisher Lecture on the future of forensic science in criminal trials by the Lord Chief Justice – Judiciary of England and Wales
‘The Rt. Hon. The Lord Thomas of Cwmgiedd, The Lord Chief Justice of England and Wales gave the 2014 CBA Kalisher Lecture on the 14 October 2014.’
Judiciary of England and Wales, 16th October 2014
Source: www.judiciary.gov.uk
Are juries being blinded by science? – The Guardian
‘Expert witnesses are being subjected to greater scrutiny by the criminal courts, despite the government’s refusal to implement safeguards recommended by its own law reform advisers.’
The Guardian, 15th October 2014
Source: www.guardian.co.uk
New whiplash and PPI claim rules – Ministry of Justice
‘The latest stages of the government’s work on compensation claims take effect today (Wednesday 1 October 2014) with new measures around whiplash and PPI claims.’
Minsitry of Justice, 1st October 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
Children: Private Law Update – Family Law Week
‘Alex Verdan QC of 4 Paper Buildings considers recent judgments in private law children cases, including the President’s judgment on legal aid funding in Q v Q.’
Family Law Week, 19th September 2014
Source: www.familylawweek.co.uk
Practice Note: Chancery Chambers Changes 1st October 2014 – Judiciary of England and Wales
‘From 1 October 2014 the Chancery Division in London will commence using the new CE-File electronic court file and some data stored on the old IT system will be transferred to CE-File.’
Judiciary of England and Wales, 11th September 2014
Source: www.judiciary.gov.uk
Babysitter Jay Miller jailed for toddler attack – BBC News
‘A babysitter who broke a two-year-old toddler’s arm and carried out other assaults has been jailed for 30 months.’
BBC News, 12th September 2014
Source: www.bbc.co.uk
When innocent men go to jail: miscarriages of justice in Britain – Daily Telegraph
‘“People think that miscarriages of justice are rare and exceptional,” says Dr Michael Naughton, founder of the UK Innocence Project. “But every single day, people are overturning convictions for criminal offences. Miscarriages of justice are routine, even mundane features of the criminal justice system. They are systemic.” ‘
Daily Telegraph, 4th September 2014
Source: www.telegraph.co.uk
State should pay for representation and witnesses in private child disputes – UK Human Rights Blog
‘Public funding is not generally available for litigants in private-law children cases, and no expert can now be instructed in such a case unless the court is satisfied, in accordance with section 13(6) of the Children and Families Act 2014, that the expert is “necessary” to assist the court to resolve the proceedings “justly”.’
UK Human Rights Blog, 31st August 2014
Source: www.ukhumanrightsblog.com
New guidance for instruction of experts in civil claims 2014 – Judiciary of England and Wales
‘New guidance for instruction of experts in civil claims 2014 – 15 August 2014
The Civil Justice Council guidance for the instruction of experts in civil claims has been published – 21 August 2014 update
Some minor additions have been made to this new CJC Guidance (with new paragraphs 31, 61 and 87 added).’
Judiciary of England and Wales, 21st August 2014
Source: www.judiciary.gov.uk
Guidance for the instruction of experts in civil claims 2014 – Civil Justice Council
‘Civil Justice Council issues new guidance on instructing experts in civil claims.’
Civil Justice Council, 13th August 2014
Source: www.judiciary.gov.uk
A new test to determine who is fit for trial – Law Commission
‘How do we determine whether someone accused of a crime is physically and mentally fit to participate in a criminal trial? And what do we do if they are not? These are the questions being examined today as the Law Commission brings together leading experts in criminal law and mental health to exchange views at a consultation event at Leeds University.’
Law Commission, 11th June 2014
Source: www.lawcommission.justice.gov.uk
Lack of legal aid derails contact proceedings – The Guardian
‘The President of the Family Division has adjourned contact proceedings by an unrepresented father pending the Ministry of Justice or any other responsible body to come up with the solution to the problem of one parent suffering an injustice due to the withdrawal of legal aid.’
UK Human Rights Blog, 10th June 2014
Source: www.ukhumanrightsblog.com
