“This is a consultation on minimum standards for expert witnesses providing evidence in the family courts in proceedings relating to children in England and Wales.”
Ministry of Justice, 16th May 2013
Source: www.justice.gov.uk
“Too many expert witnesses are being paid to give evidence of little value in family courts, according to the Ministry of Justice which is proposing a fresh round of cuts to legal aid.”
The Guardian, 16th May 2013
Source: www.guardian.co.uk
“This successful challenge to a decision by the Legal Aid Agency (LAA) arose from an expert assessor in family proceedings – not unnaturally – refusing to begin work unless funding was in place. If the LAA are asked to fund an assessment on behalf of a party with legal aid, then it is common for lawyers to obtain prior authority from the LAA to ensure that the expert will be paid for their work. If not, then the lawyers themselves can be liable for an expert’s costs. In this case, prior authority to pay for the expert assessment had been refused by the LAA thus resulting in further court hearings and delay in the resolution of the case for the children.”
UK Human Rights Blog, 2nd May 2013
Source: www.ukhumanrightsblog.com
“Jamie Clarke interviews expert clinical photographer and proprietor of Clinical Photography UK, Tim Zoltie on the use of photography in personal injury and clinical negligence claims.”
Hardwicke Chambers, 24th April 2013
Source: www.hardwicke.co.uk
“The case of the Ikarian Reefer 1993 2 LILR 68, 81-82 is still the definitive case in respect of the duties and role of an expert witness and the introduction of the Civil Procedure Rules in 1999 was in part designed to reinforce that. In 2000 HHJ Toulmin further refined the definition in Anglo Group plc v Winther Brown & Co Ltd but in the last 10 or so years we have slipped back into old ways with partisan experts being allowed to provide wide ranging reports and encouraged by the parties to give opinions outside their actual remit.”
Hardwicke Chambers, 18th April 2013
Source: www.hardwicke.co.uk
“The Jackson and associated reforms in civil court procedure are largely now in place. Extended ‘tracks’ and ‘portals’, reduced fixed fees, costs budgeting and non-recoverability of success fees will force lawyers to take a close look at the costs incurred in presenting an injury claim and how most efficiently to put the claim together. The medical report is essential, providing the foundations of much of the claim.”
New Law Journal, 19th April 2013
Source: www.newlawjournal.co.uk
“Children involved in family law cases will face extra uncertainty following a High Court ruling on the funding of expert witnesses, the Law Society has warned.”
Law Society’s Gazette, 10th April 2013
Source: www.lawgazette.co.uk
“New rules come into force today which will mean judges can streamline proceedings in family courts by reducing the number of expert witnesses who have to give evidence.”
Judiciary of England and Wales, 31st January 2013
Source: www.judiciary.gov.uk
“New measures have been introduced to ensure child care cases are dealt with more quickly and effectively in family courts. This is so children and families are spared unnecessary delays and the cost to taxpayers is reduced.”
Ministry of Justice, 31st January 2013
Source: www.justice.gov.uk
“Much has been written about this subject but for the uninitiated this taking of oral evidence (usually from experts) ‘hot tub’ style, means having expert witnesses being questioned and cross-examined together – firstly by the judge or arbitrators and then by the parties’ representatives themselves – and indeed even by each other! Known in polite circles as concurrent evidence, hot tubbing can be used to great effect in construction related disputes, such as those involving design and build issues, measurement disputes, delays, and financial loss.”
Hardwicke Chambers, 7th January 2013
Source: www.hardwicke.co.uk
“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.”
Family Law Week, 4th January 2013
Source: www.familylawweek.co.uk
The Current Thinking of the Judiciary (PDF)
Keynote address by the Senior Presiding Judge
Bond Solon Conference on Expert Witnesses, 9th November 2012
Source: www.judiciary.gov.uk
“Since 1st October 2012, the LSC has been refusing applications for prior authority for experts if their fees are set within the codified rate [ as per the Community Legal Service (Funding) (Ammendment No.2) Order 2011]. However there is an exception – that is if the hours requested by the expert are ‘unusually large’. So the question for practioners is what constitutes an ‘unusually large’ amount of hours ? The odds are that if, for instance, you are instructing a psychologist for a bog standard cognitive assessment of a parent, then the hours are likely to be very much the same across the board. But as soon as any form of complexity creeps in, then how long the assessment / report takes to complete begins to vary. And when you get to Independent Social Workers, what is the ‘norm’ for the LSC and the ‘norm’ for the Independent Social Worker seem continents apart.”
Garden Court Family Law Blog, 31st October 2012
Source: www.gcfamily.wordpress.com
“The Law Society is to challenge by judicial review a Legal Services Commission decision to meet just one-third of the costs of an expert witness report ordered by a county court on behalf of a child.”
Law Society’s Gazette, 2nd August 2012
Source: www.lawgazette.co.uk
“Leanne Buckley –Thomson, pupil barrister at 1 Crown Office Row Brighton, considers the current problems in relation to the use of expert evidence particularly in care proceedings and the proposals for change thus far highlighted by Mr Justice Ryder in response. She comments briefly on these suggestions, whilst acknowledging that the proposals have not yet been released in full, and refers to the work done locally in anticipation of what is to come.”
Family Law Week, 20th July 2012
Source: www.familylawweek.co.uk
“Chris McWatters and Sharon Love, barristers, of Garden Court Chambers consider the implications of the President’s Guidance on seeking prior approval of the LSC to adduce expert evidence in family proceedings.”
Family Law Week, 10th July 2012
Source: www.familylawweek.co.uk
“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”
Source: www.ukhumanrightsblog.com
“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”
UK Human Rights Blog, 2nd May 2012
Source: www.ukhumanrightsblog.com
Five Criminal cases you need to know from February
One Inner Temple Lane, 19th March 2012
Source: www.1itl.com
RB (Somalia) v Secretary of State for the Home Department: [2012] EWCA Civ 277; [2012] WLR (D) 77
“Analysis of an asylum seeker’s speech carried out by a private Swedish company was admissible in asylum proceedings although the analysts were allowed to remain anonymous and the presentation of the evidence did not comply in a number of respects with practice directions for the immigration and asylum chambers of the First-tier and Upper Tribunals. The Upper Tribunal had a broad discretion with regard to the control of the evidence before it and had, within its case management powers, the power to waive non-compliance with a practice direction or a rule. Its obligation was to ensure that any expert report represented a genuine, objective view by those qualified to express it with sufficient reasoning and clarity to enable it to be challenged and assessed.”
WLR Daily, 13th March 2012
Source: www.iclr.co.uk
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