Archive for the 'expert witnesses' Category

Bonhoeffer QC: ‘unlawful’ to admit hearsay evidence – The Independent

“A key witness in a case involving allegations of child abuse against a celebrated children’s doctor is prepared to fly to London to give evidence at a General Medical Council hearing, a court heard today.”

Full story

The Independent, 8th April 2011

Source: www.independent.co.uk

#WithoutPrejudice Podcast 3: Libel – Hyperinjunctions – Lautsi v Italy – Expert immunity – Interns – Silk? – Charon QC

“Welcome to the third episode of Without Prejudice: Tonight, I am afraid, I can’t tell you about our guest… in fact, the superinjunction is so harsh, I can neither confirm nor deny the existence of a guest… but…. I can tell you that David Allen Green and Carl Gardner are at the table…. waiting to discuss libel, privacy, hyperinjunctions, Rough Justice – Miscarriages of Justice, The Lautsi v Italy crucifix case, and we may even have time to discuss expert immunity from suit…and interns.”

Podcast

Charon QC, 6th April 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Ruling on expert witnesses worries child-abuse lawyers – The Independent

“Vital expert witnesses may be too afraid to testify because of the ‘chilling effect’ of a Supreme Court ruling that leaves them open to being sued, lawyers warned yesterday.”

Full story

The Independent, 3rd April 2011

Source: www.independent.co.uk

After supreme court decision, will other witnesses remain immune? – The Guardian

“Now that the highest appeal court has ruled that expert witness can now be sued for negligence, the immunity of officers who give evidence is called into question.”

Full story

The Guardian, 31st March 2011

Source: www.guardian.co.uk

Jones v Kaney – WLR Daily

Jones v Kaney [2011] UKSC 13;  [2011] WLR (D)  109

“The immunity from suit for breach of duty that expert witnesses had previously enjoyed in relation to their participation in legal proceedings should be abolished.”

WLR Daily, 30th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Expert witness immunity removed – The Independent

“Expert witnesses have lost their 400-year-old immunity from being sued in the civil courts.”

Full story

The Independent, 30th March 2011

Source: www.independent.co.uk

Road rage killer Kenneth Noye loses appeal – The Independent

“Road rage killer Kenneth Noye lost an appeal against his murder conviction today.”

Full story

The Independent, 22nd March 2011

Source: www.independent.co.uk

Expert Evidence in Criminal Trials – Law Commission

“This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. In a criminal trial, a jury or magistrates’ court is required to determine disputed factual issues. Experts in a relevant field are often called as witnesses to help the fact-finding body understand and interpret evidence with which that body is unfamiliar.”

Full story

Law Commission, 22nd March 2011

Source: www.lawcom.gov.uk

Met accused of ‘campaign’ against shaken baby witnesses – BBC News

“Three leading pathologists have accused the Metropolitan Police of attempting to discredit them as expert witnesses in so-called Shaken Baby court cases.”

Full story

BBC News, 8th February 2011

Source: www.bbc.co.uk

Forensic expert witnesses should be accredited, warns judge – Law Society’s Gazette

“A lack of accreditation of expert witnesses means that anyone with a scientific background and sufficient ‘brass neck’ could set themselves up as a forensic science expert and mislead the court, a Court of Appeal judge has warned.”

Full story

Law Society’s Gazette, 23rd November 2010

Source: www.lawgazette.co.uk

Expert Evidence in Criminal Courts – the Problem – Speech by Lord Leveson

“Expert Evidence in Criminal Courts – the Problem – Speech by Lord Justice Leveson – Forensic Science Society, 18th November 2010.”

Full speech

Judiciary of England and Wales, 18th November 2010

Source: www.judiciary.gov.uk

Parents win legal battle to name doctor who accused them of child abuse – Daily Telegraph

“A couple cleared of injuring their baby son have won a legal battle to identify the doctor who gave evidence against them.”

Full story

Daily Telegraph, 22nd August 2010

Source: www.telegraph.co.uk

Baby shake childminder loses manslaughter appeal – BBC News

“A Buckinghamshire childminder has lost an appeal against her conviction for killing a baby in her care.”

Full story

BBC News, 17th June 2010

Source: www.bbc.co.uk

Controversial paediatrician David Southall wins appeal – The Guardian

“Controversial paediatrician David Southall was today restored to the medical register after the court of appeal rejected a decision of the General Medical Council (GMC) to strike him off.”

Full story

The Guardian, 4th May 2010

Source: www.guardian.co.uk

Courts distrust evidence from social workers – The Guardian

“Courts are refusing applications to take children into care because some members of the judiciary hold social workers in such low esteem that they do not trust their evidence, it will be claimed this week in a major study.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

Major new project on expert witness fees – Ministry of Justice

“The Ministry of Justice announces the launch of a new project to review current fee arrangements and deliver new fee structures for professional expert witnesses.”

Full story

Ministry of Justice, 3rd March 2010

Source: www.justice.gov.uk

Police chief escapes jail for refusing to hand over seized material – The Guardian

“A chief constable was criticised by three judges today for defying a high court order to return computer hard drives containing evidence of suspected child abuse to an expert witness.”

Full story

The Guardian, 16th June 2009

Source: www.guardian.co.uk

Police chief Colin Port risks career by refusing to return child abuse data – The Times

“A chief constable could face jail and an end to his 35-year police career for defying a High Court order to return computers suspected of holding a huge collection of child abuse images to a controversial expert witness.”

Full story

The Times, 27th May 2009

Source: www.timesonline.co.uk

Why the Law Commission is worried about expert evidence – The Times

“Defendants are at risk of being wrongly convicted on the evidence of ‘charlatan’ and ‘biased’ expert witnesses, the Government’s law reform body warns today.”

Full story

The Times, 7th April 2009

Source: www.timesonline.co.uk

Expert Evidence in Criminal Trials – Law Commission

“We published a consultation paper on 7 April 2009, in which we have made a number of provisional proposals which would reform the law governing the admissibility of expert evidence in criminal proceedings in England and Wales. A press release is also available.”

Full story

Law Commission, 7th April 2009

Source: www.lawcom.gov.uk

Criminals freed because of unreliable evidence from expert witnesses, Law Commission says – Daily Telegraph

“Criminals could have been wrongly freed by the courts because of unreliable evidence from expert witnesses, the Government’s law advisers say today.”

Full story

Daily Telegraph, 6th April 2009

Source: www.telegraph.co.uk

Crackdown on expert witnesses – The Independent

“Scientists, doctors and other experts are to be stopped from giving misleading evidence in court after a series of miscarriages of justice involving unreliable testimony, under proposals published today.”

Full story

The Independent, 7th April 2009

Source: www.independent.co.uk

Southall to appeal over GMC ban – BBC News

“Paediatrician David Southall is to begin an attempt to overturn a General Medical Council (GMC) decision to strike him off the medical register.”

Full story

BBC News, 31st March 2009

Source: www.bbc.co.uk

Asylum tribunal apologises for questioning academic’s evidence – The Guardian

“A tribunal has admitted making inappropriate remarks about an academic at Oxford University, issuing a public apology and agreeing to pay costs and damages after he accused it of libel in what is believed to be the first instance of its kind.”

Full story

The Guardian, 27th October 2008

Source: www.guardian.co.uk

esure Insurance Ltd v Direct Line Insurance plc – Times Law Reports

esure Insurance Ltd v Direct Line Insurance plc

Court of Appeal

“An expert’s report was of little value in evaluating the likelihood of trade-mark confusion from the standpoint of a consumer.”

The Times, 5th September 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Judge says expert witnesses are rarely useful for trade mark disputes – OUT-LAW.com

“A judge has said that expert evidence in trade mark disputes is rarely likely to be relevant when it comes to deciding if a consumer will be confused by two supposedly similar marks.”

Full story

OUT-LAW.com, 30th July 2008

Source: www.out-law.com

esure Insurance Ltd v Direct Line Insurance plc – WLR Daily

esure Insurance Ltd v Direct Line Insurance plc [2008] EWCA Civ 842; [2008] WLR (D) 252

“Since a trade mark case which raised the critical issue of confusion would be assessed from the viewpoint of the average consumer, the cogency of the evidence of an expert as to his own opinion, where the tribunal was in a position to form its own view, was in real doubt. The facts spoke for themselves. Consumer surveys were costly to produce and their results, when based upon the wrong questions, of no evidential value. To be commended was the practice of giving case management directions at an interim stage which required the parties to seek directions of the court (which could be given in advance of the trial) as to any proposed survey that the parties might wish to put in evidence at trial.”

WLR Daily, 24th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court overrules experts in injured baby case – The Guardian

“Two ‘caring and supportive’ parents have won a high court ruling clearing them of deliberately harming their six-week-old baby, despite a conclusion by the seven medical experts in the case that his injuries were most likely to have been caused by intentional shaking.”

Full story

The Guardian, 12th May 2008

Source: www.guardian.co.uk

Salt baby death inquiry dropped – BBC News

“A doctor accused of giving false evidence in the trial of a mother accused of killing her son by poisoning him with salt will not be prosecuted.”

Full story

BBC News, 23rd April 2008

Source: www.bbc.co.uk

How police put their faith in the ‘expert’ witness who was a fraud – The Observer

“Failures in the vetting procedures used for expert witnesses have emerged after a court ruled that a computer analyst who helped train hundreds of police officers and gave evidence in scores of trials is a liar and a fraudster.”

Full story

The Observer, 23rd March 2008

Source: http://observer.guardian.co.uk/

Paediatricians scared of giving evidence in court – The Guardian

“Paediatricians need greater protection from parents and the press or many will refuse to act in child abuse cases, an expert warned today.”

Full story

The Guardian, 18th February 2008

Source: www.guardian.co.uk

Shaken babies: are the experts wrong? – The Times

“Expert witnesses are on trial — again. This time their role has been put under the spotlight by two jurors who broke cover to speak out and question the conviction of a childminder for killing an 11-month-old baby in her care.”

Full story

The Times, 20th December 2007

Source: www.timesonline.co.uk

The expert as judge and jury – The Sunday Times

“After a host of miscarriages of justice based on discredited expert witnesses, calls are growing for radical reform of their use in court, writes Lois Rogers.”

Full story

The Sunday Times, 18th November 2007

Source: www.timesonline.co.uk

Most lawyers fail to check on their expert witnesses – The Times

“Three out of four judges and lawyers make no checks on the qualifications of expert witnesses, whose evidence can be crucial to a finding of guilt or innocence, research suggests.”

Full story

The Times, 12th November 2007

Source: www.timesonline.co.uk

Ministers drop plan for experts to brief rape juries – The Guardian

“The government is to abandon a controversial proposal to use expert witnesses to brief juries on the ‘myths’  surrounding rape after judges warned the plan could lead to miscarriages of justice, the Guardian has learned.”

Full story

The Guardian, 25th September 2007

Source: www.guardian.co.uk

Pathologist who could have cleared mother wins appeal – The Guardian

“The pathologist who failed to disclose test results on one of Sally Clark’s babies which could have pointed to a death from natural causes has won the right to stay on the register of Home Office-accredited pathologists.”

Full story

The Guardian, 6th September 2007

Source: www.guardian.co.uk

Regina (A) v. Liverpool City Council – Times Law Reports

Expert’s report in context

Regina (A) v. Liverpool City Council

Queen’s Bench Division

“A local authority determining the age of an applicant claiming to be a child had to have regard to the whole context and not just rely on a single expert dental report.”

The Times, 1st August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Secretary of State for Trade and Industry v. Aaron and others – WLR Daily

Secretary of State for Trade and Industry v. Aaron and others

“In directors disqualification proceedings, the court might at times need expert assistance on issues of fact, but, generally speaking, it was hard to see why a court should need expert evidence that was simply expert opinion when considering the key question of whether a director was unfit to be concerned in the management of a limited company.”

WLR Daily, 7th June 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


July 2020
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031  

Categories