Judge refuses to recuse himself in case where expert witness was his Oxford supervisor – Litigation Futures

Posted November 7th, 2013 in bias, expert witnesses, judges, news, patents, recusal by tracey

“A High Court judge has refused to recuse himself from a case involving an expert witness who was once his academic supervisor at Oxford University.”

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Litigation Futures, 6th November 2013

Source: www.litigationfutures.com

Children: Public Law Update – Family Law Week

Posted October 29th, 2013 in adoption, appeals, care orders, children, expert witnesses, interpreters, media, news, witnesses by sally

“John Tughan, barrister, of 4 Paper Buildings reviews important recent cases of which all public law practitioners ought to be aware.”

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Family Law Week, 25th October 2013

Source: www.familylawweek.co.uk

Experts acclimatise to tougher post-Jackson life – Litigation Futures

Posted September 25th, 2013 in appeals, evidence, expert witnesses, fees, news, proportionality by sally

“The post-Jackson climate for expert witnesses is ‘leaner and meaner’, according to a leading observer of their work.”

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Litigation Futures, 25th September 2013

Source: www.litigationfutures.com

Sparring With a Heavyweight – Criminal Law and Justice Weekly

Posted September 9th, 2013 in barristers, criminal procedure, disclosure, expert witnesses, news by tracey

“Dominic Thomas questions an illustrious barrister’s approach to a case.”

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Criminal Law and Justice Weekly, 7th September 2013

Source: www.criminallawandjustice.co.uk

Expert Evidence – Another Chapter in a Continuing Story – Family Law Week

Posted September 2nd, 2013 in expert witnesses, family courts, legal history, news by sally

“David Bedingfield, barrister at 4 Paper Buildings, sets the latest reforms relating to expert evidence in their historical context and considers the dilemmas which expert evidence has long presented to the courts.”

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Family Law Week, 29th August 2013

Source: www.familylawweek.co.uk

CA: judge should have recused himself from hearing wasted costs application – Litigation Futures

“The Court of Appeal has taken the highly unusual step of ruling that a judge should have recused himself from hearing a wasted costs order against a party’s solicitors given the comments he made about them in his substantive judgment.”

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Litigation Futures, 27th August 2013

Source: www.litigationfutures.com

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others – WLR Daily

Posted August 19th, 2013 in appeals, bias, costs, expert witnesses, judiciary, law reports, recusal, solicitors by tracey

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others:[2013] EWCA Civ 1003;   [2013] WLR (D)  337

“The judge who had heard a substantive application would almost always be the right judge to deal with consequential issues as to costs, even if he had made findings adverse to a party in the course of reaching his conclusion. However, exceptional circumstances might arise where there was apparent bias stemming from the facts of the case which meant that the judge should have recused himself from dealing with the issue of costs.”

WLR Daily, 14th August 2013

Source: www.iclr.co.uk

Anneliese Day QC and Michael Ryan successfully defend TCC claim against Engineers for professional negligence – 4 New Square Chambers

Posted July 31st, 2013 in costs, expert witnesses, negligence, news, surveyors by sally

“On 24 June 2013, Mr Justice Akenhead handed down judgment in Igloo Regeneration v Powell Williams Partnership [2013] EWHC 1718 (TCC). Anneliese Day QC and Michael Ryan acted for the successful defendant.”

Full story (PDF)

4 New Square Chambers, 17th July 2013

Source: www.4newsquare.com

Fenty and others v Arcadia Group Brands Ltd (trading as Topshop) and another – WLR Daily

Fenty and others v Arcadia Group Brands Ltd (trading as Topshop) and another [2013] EWHC 1945 (Ch); [2013] WLR (D) 310

“Evidence in a trade mark and passing off case of the factual circumstances of a trade by a person in that trade, even when they deployed their experience in that trade to bolster their evidence, was not necessarily expert evidence within the meaning of CPR Pt 35.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Children: Public Law Update (July 2013) – Family Law Week

Posted July 25th, 2013 in adoption, children, costs, expert witnesses, news, proportionality, witnesses by tracey

“John Tughan, barrister of 4 Paper Buildings, examines some important recent judgments of particular interest to public law children lawyers.”

Full story

Family Law Week, 24th July 2013

Source: www.familylawweek.co.uk

Legal aid cuts: ‘a return to widespread miscarriages of justice’ – The Guardian

“What impact will the latest raft of legal aid cuts have on people fighting councils or who are wrongly accused of a crime? We ask former defendants, their families, lawyers and experts.”

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The Guardian, 2nd July 2013

Source: www.guardian.co.uk

Rule 25.1 and the President’s Guidance in H-L – A ‘necessary’ evil? – Family Law Week

“Christopher Rank, barrister, of Cornwall Street Chambers considers expert evidence, rule 25.1 of the FPR and The President’s recent guidance in Re H-L (A Child).”

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Family Law Week, 23rd June 2013

Source: www.familylawweek.co.uk

The Regan reforms – New Law Journal

Posted May 31st, 2013 in civil justice, expert witnesses, fees, news by sally

“Dominic Regan is in the mood for change post-Jackson.”

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New Law Journal, 30th May 2013

Source: www.newlawjournal.co.uk

Psych versus Psych: A Diagnostic Dispute and the Implications for Expert Witnesses in Family Proceedings – Family Law Week

Posted May 29th, 2013 in evidence, expert witnesses, family courts, mental health, news by sally

“William Tautz, barrister of Tooks Chambers, examines the fundamental challenge to psychiatric diagnosis recently announced by the British Psychological Association and explores its implications for the instruction and cross-examination of expert witnesses in a post-streamlined PLO world.”

Full story

Family Law Week, 23rd May 2013

Source: www.familylawweek.co.uk

Brain training: how can experts ensure justice is unbiased? – Halsbury’s Law Exchange

Posted May 22nd, 2013 in bias, expert witnesses, forensic science, news by sally

“In an ideal world, experts would be brought into a case to help ascertain what has happened, use objective instruments that quantify and interpret the evidence, and provide the court with an unbiased view. However, the reality is that often experts are recruited to help make a case for an existing theory of what has happened, and they rely on subjective judgments and interpretations. Can we expect experts to be objective? Is it realistic that without specific cognitive measures experts can be impartial?”

Full story

Halsbury’s Law Exchange, 21st May 2013

Source: www.halsburyslawexchange.co.uk

Changes to Civil Procedure Rules and court costs made in April 2013 – OUT-LAW.com

“From 1 April 2013 a number of changes to the Civil Procedure Rules (CPRs) governing court action in England and Wales took effect. This is a summary of those changes.”

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OUT-LAW.com, May 2013

Source: www.out-law.com

Stopping poor quality and time-wasting expert evidence in family courts – Ministry of Justice

Posted May 16th, 2013 in consultations, delay, expert witnesses, family courts, fees, news, standards by sally

“New national standards to raise the quality of experts used in family courts and get rid of time-consuming evidence which adds little value in helping judges reach a decision were announced by the Government today.”

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Ministry of Justice, 16th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Standards for expert witnesses in the family courts in England and Wales – Ministry of Justice

“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.”

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Ministry of Justice, 16th May 2013

Source: www.justice.gov.uk

Ministers seek to cut £50m legal aid bill for expert witnesses in family courts – The Guardian

Posted May 16th, 2013 in consultations, evidence, expert witnesses, family courts, fees, legal aid, news by sally

“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.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

LAA must give reasons about funding expert assessments in care proceedings – UK Human Rights Blog

Posted May 2nd, 2013 in children, costs, expert witnesses, judicial review, legal aid, news, reasons by sally

“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.”

Full story

UK Human Rights Blog, 2nd May 2013

Source: www.ukhumanrightsblog.com