|
| |
Issue 77
Published: May 2013
|
| Death by a thousand cuts |
| Having already cut expert witness fees from legal aid funds by 10% from arbitrarily low 'benchmark' levels, the MoJ now seeks a further cut of 20% read
now... |
| |
| Experts instructed by litigants in person |
| With the anticipated growth in the number of litigants in person, what difference does a litigant in person make to the instruction of an expert witness? read
now... |
| |
| Expert fees and litigants in person |
| With the anticipated growth in the number of litigants in person, what should an expert witness be thinking about when it comes to fees? read
now... |
| |
Issue 76
Published: March 2013
|
| CPR Part 35 introduces cost estimates |
| Changes to the CPR introduce measures proposed by Lord Justice Jackson
in his review of Costs in Civil Proceedings read
now... |
| |
| CPR Part 35 introduces 'hot tubbing' |
| Changes to the CPR Practice Direction accompanying Part 35 introduce measures proposed by Lord Justice Jackson to allow expert witnesses to give concurrent evidence read
now... |
| |
| FPR Part 25 reworked |
| Changes to the Family Procedure Rules Part 25 introduce measures proposed by the Family Justice Review designed to reduce delay in the family justice system, in part through minimising the use of expert witnesses read
now... |
| |
Issue 75
Published: July 2012
|
| All new CPR Experts Protocol |
| The Civil Justice Council has published a new version of its Experts Protocol, annexed to the Civil Procedure Rules Part 35 Practice Direction read
now... |
| |
| Proposed changes to Family Procedure Rules Part 25 - a consultation |
| The Ministry of Justice has launched a consultation by the Family Procedure Rule Committee on changes to Part 25 of the Family Procedure Rules read
now... |
| |
| Hot tub trial |
| A report on some initial findings about expert evidence given concurrently from the hot tub read
now... |
| |
Issue 74
Published: June 2012
|
| Paying for Part 35.6 Questions |
| Who should pay when an expert witness is asked questions by another party? read
now... |
| |
| Reports for ex-parties |
| What happens to a report when the party it was prepared for drops out of the litigation? read
now... |
| |
| Conference notices |
| Notice for three conferences in the Autumn read
now... |
| |
Issue 73
Published: May 2012
|
| Family Justice Review |
| Highlights of the recent Family Justice Review for expert witnesses read
now... |
| |
| National Taxing Team |
| Getting help with unreasonable court officials read
now... |
| |
| Conference notice |
| Early notice for conferences in the Autumn read
now... |
| |
Issue 72
Published: November 2011
|
| LSC expert fees cap under fire - urgent donations sought |
| A group of expert witnesses is urgently seeking donations to support a judicial review it has launched of the expert fee caps in publicly funded cases read
now... |
| |
| Shaken Baby guidance |
| Crown Prosecution Service has issued guidance on its approach to non-accidental head injury cases read
now... |
| |
| Likelihood guidance |
| Crown Prosecution Service seeks to limit the scope of a Court of Appeal decision on likelihood ratios read
now... |
| |
Issue 71
Published: September 2011
|
| Prior authority |
| What effect would the removal of prior authority
have on your publicly funded work? read
now... |
| |
| Expert fees in publicy funded cases |
| Expert witness fee caps introduced from 3 October read
now... |
| |
| Conferences |
| Tackle bad and ugly expert evidence and hear from the senior judiciary at these autumn conferences read
now... |
| |
Issue 70
Published: July 2011
|
| Experts and the ultimate issue |
| The rule against an expert giving an opinion on a matter that is for the jury or the judge to determine is becoming very strained read
now... |
| |
| In all likelihood |
| The Court of Appeal looked recently at likelihood ratios and concluded that justice is not served by dressing up an expert's guesses as pseudo-science read
now... |
| |
| Conference notice |
| Early notice for a brace of conferences in the Autumn read
now... |
| |
Issue 69
Published: May 2011
|
| Expert Witness Immunity - Supreme Court Experts? |
| The consequences of the decidedly disturbing decision-making
in Jones -v- Kaney should put a number of issues right at the
top of an expert witness's to-do list read
now... |
| |
| LSC travel cap |
| The basis for the LSC £40 cap for travel is contractual read
now... |
| |
| Session on expert witness immunity |
| The Society of Expert Witnesses changes conference programme
to include analysis of expert witness immunity read
now... |
| |
Issue 68
Published: April 2011
|
| Expert Witness Immunity abolished |
| The eagerly awaited decision in the Jones -v- Kaney
appeal does away with expert witness immunity read
now... |
| |
Issue 67
Published: March 2011
|
| Expert evidence in criminal proceedings |
| The Law Commission publishes its recommendation on expert
evidence in criminal proceedings in England and Wales read
now... |
| |
| Who is responsible for delay? |
| A new practice direction for the Midlands Circuit is problematic read
now... |
| |
| First Cambridge Annual Medico-Legal Conference |
| A conversation between medicine and the law read
now... |
| |
Issue 66
Published: February 2011
|
| VAT on expert reports |
| Does a recent tax tribunal decision mean experts
can stop adding VAT to their bills? read
now... |
| |
| Custom and practice |
| Ordinary trade practice might become
a new area for expert evidence read
now... |
| |
| TCC guidance for experts |
| Revised Technology & Construction Court Guide
offers precursor of what may be to come read
now... |
| |
Issue 65
Published: December 2010
|
| Expert witness immunity under threat - Part 2 |
| What would be a 'good' outcome at the Supreme Court? read
now... |
| |
| Legal letterheads |
| How to make sure your paperwork passes muster read
now... |
| |
| New Expert Witness Register |
| Free Expert Witness Year Book with the 24th edition of the UK Register of Expert Witnesses read
now... |
| |
Issue 64
Published: October 2010
|
| Expert witness immunity under threat - Part 1 |
| A leapfrog certificate has brought the future for expert witness
immunity into the spotlight once more read
now... |
| |
| Jackson on MROs |
| A review of the cost of civil litigation was less than
complimentary about medical reporting organisations read
now... |
| |
| Conference notice |
| The barrister for Mr Jones talks about the Jones -v- Kaney
attack on expert witness immunity read
now... |
| |
Issue 63
Published: October 2010
|
| LSC comes to audit |
| The Legal Services Commission requires its contracted lawyers to bind experts into contractual terms that allow the LSC to come and audit the experts' work read
now... |
| |
| 'Sell by date' for expert witnesses |
| An appeal in three shaken baby cases calls use of retired experts into question read
now... |
| |
| Conference notice |
| Lord Justice Moses speaks about his views on the 'sell by date' of experts read
now... |
| |
Issue 62
Published: August 2010
|
| Cracking brinkmanship |
| The amount of money that could be saved by the Ministry of Justice tinkering with expert fees in legal aid cases is dwarfed by potential savings in streamlining court timetables read
now... |
| |
| Efficient business: Part 3 |
| In this final part, we look at the attributes of an effective use of IT and give pointers to further information read
now... |
| |
| Conference notices |
| Two conferences and a lecture series for expert witnesses read
now... |
| |
Issue 61
Published: May 2010
|
| Efficient business: Part 2 |
| In this second part of our 'efficient business' series, we look at how to deal with bad debts and spreading your risk. read
now... |
| |
| Admissibility of fresh evidence |
| The difficulty faced by a party seeking to introduce fresh expert evidence as a grounds for appeal in criminal proceedings read
now... |
| |
| Conference notices |
| Two conferences for expert witnesses - and free Expert Witness Year Books! read
now... |
| |
Issue 60
Published: May 2010
|
| Efficient business: Part 1 |
| As the new Government sets about its efficiency drive, the rest of us in business need, perhaps more than ever before, to ensure we are running as efficient a ship as possible. When times get tough, the most efficient businesses weather the storm best. read
now... |
| |
| MoJ expert fees project |
| Ministry of Justice accepts the need for more research into what it pays for expert evidence in legally aided cases read
now... |
| |
| Legal letterhead |
| Do you know what information on your business should be shown on your letterhead and web site? read
now... |
| |
Issue 59
Published: March 2010
|
| Data protection and the expert witness |
| Almost every expert witness should be registered under the Data Protection Act. Failure to be registered where necessary is a criminal offence. Are you breaking the law? read
now... |
| |
| Handling irrelevant evidence |
| An expert who concludes that a piece of evidence is irrelevant is, under the Rules and out of self-interest, duty bound to report that fact read
now... |
| |
| Reaching a wide audience |
| Would you like the opportunity to communicate with the Guardian readership, reaching an audience of 600,000? read
now... |
| |
Issue 58
Published: February 2010
|
| New medical report format in RTA cases |
| In October 2009, the Ministry of Justice set out its policy on how low-value PI claims in RTA cases will be handled, including a new medical report template read
now... |
| |
| Experts in the hot tub |
| Lord Justice Jackson has published the final report of his review of civil litigation costs, and his key idea for experts will get them into hot water! read
now... |
| |
| Get registered and get a free Year Book! |
| Join the premier source of vetted expert witnesses before the end of February and get a free copy of our Expert Witness Year Book read
now... |
| |
Issue 57
Published: November 2009
|
| Big risks in MoJ plan to cap expert fees |
| If budgetary factors force the MoJ to adopt its fee capping proposals, it is anticipated that quality, competition and supply will all be adversely affected and reduce access to justice for the most vulnerable in Society. read
now... |
| |
| Statements of Truth - take your pick! |
| Experts now have different statements of truth for the Family, Civil and Criminal courts! We offer some quick guidance on what is required where. read
now... |
| |
| New expert witness search engine |
| A new and richer way to search for expert witnesses read
now... |
| |
Issue 56
Published: September 2009
|
| CPR Statement of Truth is changing |
| The text of CPR Part 35, having remained stable (warts and all) for many months, is to undergo a major revision on 1 October 2009 read
now... |
| |
| Changes to CrimPR Part 33 |
| Minor changes to the text of CrimPR Part 33 help to rationalise the rules read
now... |
| |
| Expert Witness Survey 2009 |
| What is it that experienced expert witnesses most want to know about their colleagues? Well, how much they charge comes close to the top of the list! By taking part you can contribute to this snapshot of the expert witness world. read
now... |
| |
Issue 55
Published: August 2009
|
| Capping fees paid to experts from the legal aid fund Summary |
| The Ministry of Justice has published a Consultation Paper
that includes proposals to impose a cap on the fees that
can be paid from the legal aid fund to expert witnesses read
now... |
| |
| Capping fees paid to experts from the legal aid fund Scale of the spend |
| Proposals to cap expert fees come from a body
that doesn't collect fee data! read
now... |
| |
| Conference notices |
| Three conferences for expert witnesses read
now... |
| |
Issue 54
Published: May 2009
|
| Law Commission Consultation: The Proposals |
| The Law Commission Consultation, on introducing a pre-trial
assessment of expert evidence, contains two formal proposals
and offers thoughts on three allied issues read
now... |
| |
| Tax and Fees |
| A recent call to the UK Register of Expert Witnesses Helpline
raised the question of whether deferred payment terms were
conditional fees (which are, of course, banned for experts)
and what was their effect on income tax read
now... |
| |
| Conference notices |
| Coming up soon: four conferences aimed
squarely at expert witnesses read
now... |
| |
Issue 53
Published: April 2009
|
| Don't create a surrogate for scrutiny |
| The UK Register of Expert Witnesses response to the Forensic Science Regulator
draws together contributions from 319 expert witnesses listed in the Register. read
now... |
| |
| CRFP - RIP... this time it's official! |
| The Forensic Science Regulator argues that the Council for the
Registration of Forensic Practitioners (CRFP) is surplus to
requirements. In March 2009, CRFP finally fell on its sword. read
now... |
| |
| Admitting expert evidence in criminal trials |
| An important Law Commission consultation on proposed
changes to the law of expert evidence in criminal cases
is imminent. read
now... |
| |
Issue 52
Published: February 2009
|
| Forensic Science Regulators Consultation on Accreditation |
| The Forensic Science Regulator has published an important consultation paper looking at the future of forensic practitioner registration, and it has ramifications for both the civil and criminal justice systems read
now... |
| |
| CRFP - RIP? |
| The Forensic Science Regulator argues that the Council for the Registration of Forensic Practitioners (CRFP) is surplus to requirements read
now... |
| |
| Position of the small and independent sector in the proposed new system |
| The Forensic Science Regulator is unsure how to deal with the small and independent forensic science sector – implementation costs have the potential to be high read
now... |
| |
Issue 51
Published: January 2009
|
| CRB checking the independent expert witness |
| Expert witnesses who work with children need to be CRB checked How can this be done? read
now... |
| |
| 2 x Legal Aid Funding consultations |
| The LSC has launched two consultations, one in the civil arena and the other specific to family cases. Both propose changes to expert witness fees. read
now... |
| |
| Expert Witness Year Book launched |
| The UK Register of Expert Witnesses launches new Year Book for expert witnesses read
now... |
| |
Issue 50
Published: December 2008
|
| Challenging bias in expert evidence |
| Apparent bias was not relevant to the question of whether or not
an expert witness should be permitted to give evidence - it goes
to evidential weight, not admissibility read
now... |
| |
| GMC Guidance to medical expert witnesses |
| In the wake of the Roy Meadow case, the GMC has
taken steps to try to clarify both the role and duties of
the medical expert and the risk involved read
now... |
| |
| Notice for experts registered with the UK Register of Expert Witnesses |
| News about drafts for inclusion in the UK Register of Expert Witnesses
and a new initiative for busy expert witnesses
read
now... |
| |
Issue 49
Published: November 2008
|
| Recessions aren't all bad news for expert witnesses! |
| History teaches us that when the economy gets into trouble
the volume of litigation increases that should be good news for
expert witnesses read
now... |
| |
| New Book: Getting Started as an Expert Witness |
| A practical guide to building a successful expert witness business read
now... |
| |
| Three new Factsheets for expert witnesses released |
| Three new Factsheets from the UK Register of
Expert Witnesses have been prepared covering
family and criminal matters read
now... |
| |
Issue 48
Published: October 2008
|
| Bond Solon Annual Conference |
| The Annual Bond Solon Expert Witness Conference takes place on Friday 7 November at Church House Conference Centre in London. As well as the usual array of quality speakers, the company will be using the event to launch a new insurance scheme for experts. read
now... |
| |
| Experts and Money: getting it right from the start |
| Many expert witnesses complain about a late payment culture in the legal system. The Society of Expert Witnesses will examine the issues at its Autumn Conference. read
now... |
| |
| Forensic Accountants Conference |
| The Forensic Group of the Institute of Chartered Accountants of England & Wales
is holding a conference on Tuesday 28 October in London and repeating it on
Thursday 30 October in Manchester. read
now... |
| |
Issue 47
Published: September 2008
|
| When is a fact not a fact? |
| How free are experts to weigh the evidence for themselves and how far are they obliged to take notice of the findings of others? read
now... |
| |
| Fresh expert evidence as a ground for reopening a final appeal |
| It is not normally possible for a party to reopen a case after an appeal has been heard, but new expert evidence can be one reason to do so. read
now... |
| |
| Failure to disclose expert report was a breach of natural justice |
| Should a public body have to disclose expert evidence that underpins a decision of that body? read
now... |
| |
Issue 46
Published: February 2008
|
| Experts under Scottish law |
| Expert evidence is treated somewhat differently under the law of England and Wales compared with that of Scotland. Indeed, since implementation of the Civil Procedure Rules (CPR) in England and Wales, the roles are becoming increasingly divergent. read
now... |
| |
| Peripatetic solicitors |
| A number of calls to the UK Register of Expert Witnesses helpline has drawn our attention to a difficulty that can arise when a solicitor leaves one law firm for another, taking with him a case in which an expert is involved. read
now... |
| |
| Discipline-specific Rules and Guidance |
| Do you work under a professional code of conduct? If so, we would like to hear from you. read
now... |
| |
| Only 20 days to go... |
| Any expert witness who wishes to be included in the 21st edition of the UK Register of Expert Witnesses needs to act fast. read
now... |
| |
Issue 45
Published: October 2007
|
| Frontier science re-assessed |
| Expert evidence in developing or controversial
fields should have its place in court, says Court of Appeal read
now... |
| |
| New Solicitors' Code of Conduct |
| Major overhaul of Code of Conduct
for solicitors removes an important
fee-chasing tool from experts read
now... |
| |
| Bond Solon Conference |
| The Annual Bond Solon Expert Witness Conference
2007 is being held on Friday 2 November and is back
at The Church House Conference Centre, Westminster read
now... |
| |
Issue 44
Published: July 2007
|
| Childhood memory evidence: warning to juries |
| Early memory evidence should be treated with great caution and a warning given to juries, or convictions could be challenged read
now... |
| |
| What constitutes fresh evidence? |
| If expert evidence is available, it should be called at trial; if it is not called, the court is entitled to the view that there is nothing in it that will assist the party read
now... |
| |
| Conference notices |
| The 2007 autumn conference season offers experts two conferences in central London and one in the peaceful surroundings of rural Cheshire read
now... |
| |
Issue 43
Published: May 2007
|
| Adjudicator's discretion to disregard expert |
| If a party adduces expert evidence in support of a claim in adjudication proceedings, is the adjudicator bound to take notice of this? read
now... |
| |
| How to make life easier when chasing down fees |
| A new free service for experts listed in the UK Register of Expert Witnesses makes it easier to create Terms of Engagement for forensic work read
now... |
| |
| Expert Witness Survey 2007 |
| What is it that experienced expert witnesses most want to know about their colleagues? Well, how much they charge comes close to the top of the list! By taking part in our survey you can contribute to this snapshot of the expert witness world. read
now... |
| |
Issue 42
Published: January 2007
|
| VAT for doctors - the wait is over! |
| After a 3-year hiatus, the imposition of VAT on
medical expert witness services is now upon
us. Read on to find out what action is required. read
now... |
| |
| Little Books for Experts |
| The Little Books for Experts series distills the experience
of two decades of working with thousands of expert witnesses
into books designed to help expert witnesses read
now... |
| |
Issue 41
Published: November 2006
|
| Conflicts of interest |
| A recent Court of Appeal case has given guidance
on how expert witnesses should handle potential
conflicts of interest in civil cases. read
now... |
| |
| Expert evidence rules in criminal cases |
| The Criminal Procedure Rules were amended recently and now
include rules concerned with expert evidence. Importantly, the Rules
impose duties directly on experts, unlike the CPR. read
now... |
| |
| CMO and 'Opinion by Committee' |
| The Chief Medical Officer's report into the quality and supply
of expert witness in public law Family cases has finally been
published - and it is nothing if not radical! read
now... |
| |
Issue 40
Published: October 2006
|
| Writing reports without seeing the medical records - good or bad? |
| Can it be right that medics generally shouldnt review
patient medical records in claims worth less than £10,000?
read
now... |
| |
| MRO mark-ups under fire - still! |
| A costs dispute arising out of a minor road traffic accident
is heading to the Court of Appeal. Wollard -v- Fowler is an
important case since it could fatally undermine the MROs.
read
now... |
| |
| VAT on medico-legal reports - update |
| Timetable update for imposing VAT on
medico-legal reports
read
now... |
| |
Issue 39
Published: September 2006
|
| Record, retain and reveal - or else! |
| Experts and disclosure: the new rules for
prosecution experts - and good guidance for any expert read
now... |
| |
| Fixed fees for doctors in civil cases |
| Courts find it difficult to control expert fees, but the
Civil Justice Council seems determined to introduce
fixed fees for, initially, medical experts. Doctors should
wake up to the dangers and urge their own
representatives to demand a full and informed debate. read
now... |
| |
| Travel claims in criminal cases |
| Chapter and verse on your rights to
travel time expenses in criminal cases read
now... |
| |
Issue 38
Published: July 2006
|
| Expert Witness Survey |
| Facts, figures and trends from the world of the expert
witness, including a summary of average fees being
charged by experts read
now... |
| |
| Experts and a smoking statistic |
| The case of McTear -v- Imperial Tobacco Ltd holds some
salient lessons for experts who refer to published
research, and a surprising relevance to the GMC's
view on the conduct of Professor Meadow read
now... |
| |
| Ode to Unpaid Fees |
| A little light relief for any expert who is being made
hotter under the collar by unpaid bills read
now... |
| |
Issue 37
Published: June 2006
|
| VAT on medico-legal work: are you ready? |
| The results of our survey work for HMRC
and the latest on the plans for extending
VAT to medico-legal work read
now... |
| |
| Criminal Procedure Rules: an opportunity missed? |
| Overall, the proposed CrimPR Part 33 on expert
evidence will leave most experts under-whelmed. read
now... |
| |
| Does working without charge taint an expert? |
| The McTear -v- Imperial Tobacco Ltd case highlighted
a fascinating side issue about whether an expert's
decision to work without charge should taint his evidence read
now... |
| |
Issue 36
Published: May 2006
|
| Why are the big guns joining in? |
| The Attorney General has asked the Court for permission to
intervene in the GMC appeal against the judgment of Collins J
in the Meadow case. But why? What motives are behind the
arrival of the big guns? read
now... |
| |
| Expert's CV leads to a 'cruel and unusual' prosecution |
| The dangers that can lie in a CV should not be
underestimated, as one expert found recently as
he stood before the beak. read
now... |
| |
| Dramatic decline in the quality of instructions |
| The legal profession recognises that there are problems
with the quality of instruction of expert witnesses. And the
cause? The CPR. read
now... |
| |
Issue 35
Published: April 2006
|
| Literature referred to in a report |
| Should the trial judge read and consider any literature
referred to in an experts report, and what happens if
he does not?
read
now... |
| |
| Judicial discretion in appointment of experts |
| The judges powers at a case management conference
are wide and varied, but how far should the judge go in
the exercise of discretion? read
now... |
| |
| 1 expert, 2 experts, 3 experts, more... |
| When a party decides not to rely on the evidence of an
expert, is court permission needed to use a second?
And will the first report need to be disclosed? read
now... |
| |
Issue 34
Published: February 2006
|
| Mr Justice Collins on witness immunity |
| The serious disincentive to undertake expert witness work created by the
GMC decision on Meadow has been comprehensively demolished by the
High Court extending witness immunity to encompass all disciplinary proceedings. read
now... |
| |
| Mr Justice Collins on the GMC |
| In comprehensively overturning the GMC decision in the
Prof. Sir Roy Meadow case, the High Court described the
GMC's action as verging on the 'irrational'. read
now... |
| |
| Mr Justice Collins on the EWI |
| Experts of Wanton Interventions? The Expert Witness Institute's
attempt to intervene in the Meadow appeal leads Judge to warn
against unnecessary interventions. read
now... |
| |
| Preparing for the demise of the MRO industry |
| If recent court rulings signal the start of a trend, medical reporting agencies
could soon be consigned to history. Here is the Register's three-step guide
to help doctors prepare for such an outcome read
now... |
| |
Issue 33
Published: February 2006
|
| Better use of experts in the criminal court |
| The UK Register of Expert Witnesses urges the Criminal Rules
Committee to show that the real reasons for past problems
have been recognised and addressed. read
now... |
| |
| Improving expert effectiveness in legal aid cases |
| Lord Carter's Review of Legal Aid Procurement is a welcome opportunity
for experts to engage with decision makers over the best way to get value
for public money when instructing expert witnesses. read
now... |
| |
| Call for delay in the imposition of VAT on doctors |
| The UK Register of Expert Witnesses has told the VAT authorities
that changes should not now, after a 2 year hiatus, be rushed into effect. read
now... |
| |
| Only 20 days to go |
| Any expert witness who wishes to be included in edition 19 of the
UK Register of Expert Witnesses needs to act fast. read
now... |
| |
Issue 32
Published: November 2005
|
| VAT on medico-legal work -have your say. |
| After two years deliberation following the European court
ruling that doctors should charge VAT on their expert reports,
HM Customs and Excise have launched a consultation to help
them understand the impact this change will have and thereby
ensure suitable transitional arrangements are in place. read
now... |
| |
| Expert evidence in criminal cases |
| Have your say on the rules to govern expert evidence in criminal proceedings read
now... |
| |
| VAT on medico-legal reporting |
| VAT on medico-legal reports is coming - the
UK Register of Expert Witnesses lets you
influence its implementation and has help and
guidance on what you need to do! read
now... |
| |
| Notice for experts registered with the UK Register of Expert Witnesses |
| Drafts for inclusion in the UK Register of
Expert Witnesses will soon be in the post! read
now... |
| |
Issue 31
Published: November 2005
|
| MROs wipe consultants off the map |
| Orthopaedic and other medical consultants are seeing a dramatic impact
on their medico-legal caseload following the 'arrangement' put in place
last November between the CJC and MROs. Help us to quantify
the effect and add force to the calls for corrective action. read
now... |
| |
| Securing better pay for legal aid work |
| After last year's ill-informed attempt by the LSC to reduce
their spend on expert witnesses by the simple expedient
of cutting expert fees in half, Lord Carter's Review of Legal
Aid Procurement is most welcome. read
now... |
| |
| Expert evidence -v- the 'reliable' witness: striking the balance |
| When is evidence from an honest lay witness considered
to be more reliable than uncontroversial expert evidence? read
now... |
| |
Issue 30
Published: October 2005
|
| Meeting experts expert meetings |
| The autumn conference season offers expert
witnesses the chance to hear from an impressive
array of speakers and get stuck into some workshops read
now... |
| |
| Money Claim Online: how to sue in the 21st Century |
| Sue your solicitor debtors online from the comfort of your PC read
now... |
| |
| SJEs can rely on joint and several liability for their fees, but what of non-SJEs? |
| Joint and several liability means all parties are 100% liable. So if
you need to sue for payment, 100% can be recovered from one
party and you should select the party most able to pay! read
now... |
| |
Issue 29
Published: September 2005
|
| Evolving role spelt trouble for immunity |
| When an experts role develops from adviser to
expert witness, immunity applies to all work done
on the case read
now... |
| |
| Have you lost money when a medico-legal agency has folded? |
| We are gathering data on the stability of the medico-legal reporting
organisations (MROs). If you have lost money because an MRO has
gone bust, you can feed your experience into this effort to document
the MRO marketplace. read
now... |
| |
| The regulation of expert witnesses |
| Spookily, both the Society of Expert Witnesses and the
Bond Solon conferences look at the fallout of the GMC
decision in the case of Meadow read
now... |
| |
| How would you change the way experts are used in Legal Aid cases? |
| Lord Carter is conducting a review of legal aid procurement, and
he wants to explore the scope for greater efficiency in how expert
witnesses are used. Now is the perfect time for experts to have their say. read
now... |
| |
Issue 28
Published: July 2005
|
| Draft disclosure danger |
| Preparatory reports by experts can remain privileged, even
if they have been disclosed to the instructing party read
now... |
| |
| Judicial approval for witness training but coaching is not allowed |
| Witness preparation training is to be encouraged, but only
if it is done properly, says Barrister Penny Cooper read
now... |
| |
| Some thoughts on Meadow and the GMC |
| Did Meadow get his just deserts, or does GMC
now stand for Gone Mad, Completely? Whichever
it is, the outcome does not solve the problems in
the criminal court read
now... |
| |
| Are you charging enough for your work? |
| Do you know how your charging rate compares
with those of experts in similar areas of expertise?
The UK Register of Expert Witnesses 2005 survey data
will give you the answer. read
now... |
| |
Issue 27
Published: June 2005
|
| Prof. Sir Roy Meadow: villain or scapegoat? Vote now! |
| Is Prof. Sir Roy Meadow a villain as often portrayed in
the press or is he just a bloke doing his best being
made a scapegoat for failings in the legal system?
Vote on-line now! read
now... |
| |
| Taking experts out of the court |
| The US courts set out four criteria for determining whether
expert testimony meets the requirement that it constitutes
scientific knowledge. Is this the way forward? read
now... |
| |
| In extremis, experts may pay for wasted costs |
| If an expert acts ‘in flagrant, reckless disregard of his duties
to the Court’, then he could leave himself open to a wasted
costs order
read
now... |
| |
Issue 26
Published: May 2005
|
| Getting paid - enforcing judgment |
| Following on from earlier e-wire instalments, this final part of
our 'Getting Paid' series looks at what happens after the County
Court has awarded judgment against a non-paying lawyer. read
now... |
| |
| Proper and improper use of a witness summons |
| Is an SJE compellable as a witness if the experts
fee has not been paid in full? read
now... |
| |
| What are material instructions? |
| Careless phrasing of instructions and submission of
materials to expert witnesses can lead to unintended
troubled waters - a situation experts will want to avoid! read
now... |
| |
Issue 25
Published: April 2005
|
| Why not ask black-listed lawyers for money up front? |
| Youre bound to have lawyers on your books who put off paying
your fee well beyond what you consider to be a reasonable time
period. Next time youre asked to work for them, try this approach& read
now... |
| |
| A simpler VAT for medics? |
| The likely introduction of VAT on medico-legal reports
is going to bring many medics into the arena of VAT for
the first time and the Flat-Rate Scheme is likely to be
a most welcome simplification to many. read
now... |
| |
| When is training coaching? |
| Theres a fine line to be drawn between expert training
and expert coaching. Step over it, and in an extreme
case you could be charged with perjury.
read
now... |
| |
Issue 24
Published: January 2005
|
| Attack on fee levels: a quick response option |
| The UK Register of Expert Witnesses offers a
quick way for busy experts to add their voices to
the LSC Consultation on the quality and fees
of expert witnesses read
now... |
| |
| Controlling the use of reports when bills remain unpaid |
| When one party fails to pay their share of an SJEs
fee, what rights does the expert have to prevent use
of the report? read
now... |
| |
| VAT on court fees |
| Chapter and verse on what to do if
the Court tries not to pay the VAT
element of your bill read
now... |
| |
| UK Register of Expert Witnesses Deadline Notice |
| Drafts for inclusion in the new edition 18 of the
UK Register of Expert Witnesses are due by
Friday 21 January read
now... |
| |
Issue 23
Published: December 2004
|
| Quality of expert evidence some Christmas reading |
| The Legal Services Commission consultation on expert witnesses makes
proposals aimed at improving the quality of expert evidence yet provides
no evidence that the current quality of expert evidence is below par. Is
there a problem with the quality of expert evidence? read
now... |
| |
| Review of infant death cases |
| The Attorney General has announced that 28 cases
of parents convicted of killing their children (out
of 297 reviewed) will be investigated further because of
concerns over the medical expert evidence. read
now... |
| |
| Notice for experts registered with the UK Register of Expert Witnesses |
| Drafts for inclusion in the UK Register of Expert Witnesses
will soon be in the post! read
now... |
| |
Issue 22
Published: December 2004
|
| The Use of Experts Consultation Paper |
| The long-awaited Legal Services Commission consultation on
expert witnesses raises issues of importance right across the
English justice system. So, whether or not you undertake Legal Aid
work, you should consider responding to the LSC proposals. read
now... |
| |
| Science on trial |
| Certainty. The courts want it; science cant provide it. And that causes
problems. Yet there are procedural changes that could improve the
court's handling of science-based evidence. read
now... |
| |
| No one expects a judicial inquisition! |
| In criminal cases, the trial judge should refrain from asking
the expert witness questions during the trial. But if the judge
does, will this render a conviction unsafe? read
now... |
| |
Issue 21
Published: October 2004
|
| When is fresh expert evidence admissible? |
| The court has now held that in cases involving judicial review
of the decisions of expert tribunals or bodies, it is permissible
to adduce new expert evidence. But under what circumstances? read
now... |
| |
| Experts across Europe |
| Whilst the courts help to impose harmonisation across
the EU, will court procedures be so easily reconciled? read
now... |
| |
| Consequences of delay or failure to instruct |
| Time constraints imposed by the courts are there to ensure that
cases are conducted speedily and efficiently. In a recent case,
failure to instruct an expert resulted in an unfair trial claim. read
now... |
| |
Issue 20
Published: September 2004
|
| Ways to get paid when an MRO goes bust |
| With many medics being stung for thousands of pounds following
the recent collapses of several medical report organisations, what are the opportunities for experts to go straight to the lawyer for payment? read
now... |
| |
| Case management priorities: importance for experts |
| The active case management process under CPR sets a timetable
for conduct of the case. Appreciating the lawyers main concerns
will help you better manage your professional relationship. read
now... |
| |
| When can the Court agree to more than one expert? |
| The number of independent experts, save in exceptional circumstances, should be limited to one. But what are the circumstances under which more than one expert can be called?
read
now... |
| |
Issue 19
Published: August 2004
|
| Getting paid - contested bills and the small claims procedure |
| So youve lodged a claim but the solicitor has responded with
a defence, and your fee note remains unpaid. What next?
Heres a self-help guide to contested proceedings. read
now... |
| |
| Contracting with the client, rather than the solicitor, has its problems |
| What are the important considerations when you are asked to
send your Terms of Engagement direct to the client? read
now... |
| |
| Does the Proceeds of Crime Act 2002 affect expert witnesses? |
| The expert witness is handed a portfolio of evidence and asked to opine as to
its proper interpretation. Is it really possible, in such circumstances, to hold
that the expert witness is capable of forming a reasonable suspicion of wrongdoing? read
now... |
| |
Issue 18
Published: July 2004
|
| When can a solicitor disclaim personal responsibility for expert fees? |
| Terms of Engagement are of paramount importance if experts are properly
to set out their commercial stalls. But when solicitors completely ignore requests
to confirm their acceptance of the experts terms, where does the expert stand? read
now... |
| |
| VAT for beginners |
| With medics facing the prospect of having to start charging VAT on their reports, heres a brief guide to VAT and a cautionary note for medics tempted to register in their own name. read
now... |
| |
| When will the judge allow the appointment of a new expert? |
| Despite the courts taking a dim view of delays, a decision by the Court of Appeal
allowed the replacement of an expert after the solicitor stated, under oath, that the
substance of the experts opinion was not the reason for the request. read
now... |
| |
Issue 17
Published: June 2004
|
| New opportunity for experts to promote themselves to litigators |
| Bring your forensic insights to key UK litigators and market your expertise at the same time! read
now... |
| |
| Revalidation and the medical expert witness |
| Do medics need to be licensed by the GMC, and therefore undergo revalidation, to act as expert witnesses? read
now... |
| |
| Discarded experts report could be an own goal! |
| When a party loses confidence in the expert and seeks leave to instruct a replacement, to what extent can privilege be claimed in relation to disclosure of the first experts report? read
now... |
| |
Issue 16
Published: May 2004
|
| Bean counters turned trailblazers |
| With the media spotlight turning away from expert witnesses, what are the implications for the regulation of experts of recent criticism, and what can the professional bodies do to avoid being overtaken? read
now... |
| |
| Interest on late payments |
| There is potential for confusion over the rate to be used when calculating interest on late payments unless you specify the Late Payments of Commercial Debts (Interest) Act 1998 in your Terms. read
now... |
| |
| Letters of joint instruction are not binding |
| There is no rule that a party shall be bound by the instruction to a joint expert given by the other side. Indeed, under rule 35.7 which allows for the use of a single joint expert, each instructing party may give instructions to the appointed expert. read
now... |
| |
Issue 15
Published: February 2004
|
| Troubled times at Expert Reports Ltd |
| Yet another medical report agency has run into trouble, leaving experts
to carry the financial can - more than £4 million. What can experts do about it? read
now... |
| |
| Pursuing a solicitor for fees due from a medical report agency |
| Is the solicitor still personally responsible for an
experts fee if the instructions have been sent via
a medical report agency? read
now... |
| |
| What do lawyers charge for their time? |
| With experts being regularly criticised for their fee levels,
how do your fees compare with hourly rates for partners
in law firms? read
now... |
| |
Issue 14
Published: January 2004
|
| The Cannings Appeal: how the criminal court ought to deal with disputed expert evidence |
| Where expert evidence from distinguished and reputable experts is
the only evidence before a criminal court, and there is serious
disagreement between those experts, the court should not feel
confident to arrive at a guilty verdict. read
now... |
| |
| Judge calls for a less confrontational court process |
| Efforts are being made by the judiciary to make the courtroom
a much less hostile environment for expert witnesses. read
now... |
| |
| Out of the common room into the lions den? |
| The adversarial nature of litigation is for neither the faint-hearted nor those
lacking in preparation. When academics are called upon to assist the court,
they should take care to be well prepared before leaving the cloistered world
of academia and entering the hurly-burly of the courtroom. read
now... |
| |
Issue 13
Published: December 2003
|
| VAT on medico-legal reports is in the pipeline, Part II |
| The definitive view of HM Customs and Excise on how medics should
react, in the short term, to the recent ECJ decision on VAT and medical
reports is now available. Our earlier advice stands: there is no need to
rush off and register for VAT. read
now... |
| |
| Notice for experts registered with the UK Register of Expert Witnesses |
| Drafts for inclusion in the UK Register of Expert Witnesses
will soon be in the post! read
now... |
| |
Issue 12
Published: December 2003
|
| VAT on medico-legal reports is in the pipeline |
| A recent European Court of Justice decision seems likely
to remove the current exemption from VAT for medical reports.
So should medical experts rush now to register for VAT?
read
now... |
| |
| Could costs sanctions against experts be on the cards? |
| In a string of recent cases, judges have openly criticised experts who have,
in their view, failed to comply with the Civil Procedure Rules. Does Judge
Jacobs judgment in Ove Arup suggest costs sanctions are on the cards
for expert witnesses who fail in their duties? read
now... |
| |
| The adequate instruction of experts |
| The courts and bodies seeking to represent expert witnesses
continue to struggle with the question of ensuring competence
in experts. Here we recount the sad tale of a clearly incompetent
expert who was well out of his depth. read
now... |
| |
Issue 11
Published: November 2003
|
| A solicitors personal responsibility for expert fees |
| Solicitors have a personal responsible for payment of your fees
and dont let them tell you otherwise. Heres chapter and verse on
their duties which you can quote back at them! read
now... |
| |
| The court is no place for scientific debate |
| Recent high profile cases mean the press spotlight will continue to
fall on experts involved in alleged child abuse cases. read
now... |
| |
| How to sue your solicitor a simple guide |
| While suing a solicitor for unpaid fees is a last resort, some
30% of respondents to the 2003 UK Register of Expert Witnesses
survey claimed to have taken this measure in the last 12 months.
Here is a plain-English guide to the steps involved. read
now... |
| |
Issue 10
Published: October 2003
|
| Do fixed fees in RTA cases affect experts? |
| A number of callers on the Register helpline have been invited
by solicitors to conclude that the introduction of fixed fees in
Road Traffic Accident cases has some impact on the amount
they, as experts, can charge. Can this be true? read
now... |
| |
| Minimising the risks of late payment of fees |
| In our 2003 expert witness survey only 39% of experts could claim that bills
were being paid on time in even half of their cases, a statistic that has changed
little over the years. We look at how to minimise this risk. read
now... |
| |
| Are you charging too little for your time? |
| Our recent expert witness survey included questions
relating to the fees charged by experts. How do your
fees compare? read
now... |
| |
Issue 9
Published: September 2003
|
| Courts frown on delay |
| Experience under CPR leaves little doubt that the court will not
countenance avoidable delay in the instruction of experts, or in
the exchange of their reports. Which makes it all the more frustrating
that the Rules Committee seems so reluctant to consider some
simple measures to tackle the problem. read
now... |
| |
| When will the judge allow the appointment of a new expert? |
| Despite the courts taking a dim view of delays, a recent decision
by the Court of Appeal allowed the release of a defence expert and
the appointment of a replacement after the defence solicitor stated,
under oath, that the substance of the experts opinion was not the
reason for the request. read
now... |
| |
| Court report resource for expert witnesses |
| The UK Register of Expert Witnesses adds a court report section
to its web site. This new service provides experts with access to
the more important cases concerning expert evidence. read
now... |
| |
Issue 8
Published: August 2003
|
| Calls for specialist post-mortems in SIDS cases |
| In the aftermath of the Sally Clark case and the houndings in the press
of some of the experts involved, voices are recommending that only
specialist paediatric pathologists carry out post-mortems on infants
suspected of having died as a result of abuse. read
now... |
| |
| Experts and legal privilege |
| While legal privilege is generally a matter for lawyers, not for experts,
the consequences of disclosing a privileged document can render
an experts report impotent an important concern if you want to
avoid disputes over payment for work done! read
now... |
| |
| Asbestos-related opportunities for experts |
| New regulations due to be fully in force by Spring 2004 are set to place the duty to
manage and assess asbestos-related risks on employers and property owners.
It is a certainty that the implementation of the Control of Asbestos at Work
Regulations 2002 will create an explosion of litigation in all asbestos-related areas. read
now... |
| |
Issue 7
Published: July 2003
|
| New LCD fee scale guidance in criminal cases |
| The LCD fee scale bands for experts acting in criminal cases have experienced a 10-20% increase. Our commiserations go to experts in fire assessment, explosives and fingerprint examination. read
now... |
| |
| Expert Witness Survey 2003 |
| What is it that experienced expert witnesses most want to know about their
colleagues? Well, how much they charge comes close to the top of the list!
By taking part you can contribute to this snapshot of the expert witness world. read
now... |
| |
| Cross-border disputes present opportunities for experts with language skills |
| Increasing trade between European countries, the introduction of the Euro
and internet commerce have meant an up-turn in cross-border litigation, particularly
in consumer law cases. Perhaps nows the time to learn another language! read
now... |
| |
Issue 6
Published: April 2003
|
| Mediate to accumulate? |
| With the CPR imposing a duty on both the court and the parties to fully
explore the possibilities for negotiated settlement before embarking on expensive
litigation, are you missing out on an additional revenue stream? read
now... |
| |
| Can a judge disregard expert evidence? |
| The answer is Yes - but not unconditionally! The Court of Appeal
gave guidelines on how and when to appeal in circumstances where
the trial judge had given inadequate reasons for ignoring expert evidence. read
now... |
| |
| Can a jury disregard expert evidence? |
| A jury is not always bound to accept expert evidence, but a recent Court
of Appeal ruling has made it clear that there will be grounds for appeal if
the reasons are not apparent or appear perverse. read
now... |
| |
| What do you suppose Sally Clark's defence lawyer thinks about expert witnesses? |
| You can hear his views on experts and expert evidence at the
Society of Expert Witnesses conference at Haydock Park on
16 May 2003 - and we have negotiated a discount for you! read
now... |
| |
Issue 5
Published: March 2003
|
| Experts beware the Irish lawyer |
| Q: When is an experts fee not normally the responsibility
of the instructing lawyer? A: When in Ireland. In Ireland, the
responsibility for the payment of an experts fee usually
lies with the client, not the lawyer. So when approached
by an Irish lawyer, what should you do to minimise
payment problems? read
now... |
| |
| CPR drops experts protocol |
| CPR changed again to accommodate the rivalry
between the two Codes of Guidance for Experts. read
now... |
| |
| Can you get round the allowances for experts in criminal cases? |
| Payment rates for experts in criminal cases are set to remain static
until at least April 2003, but what can you do to sway court personnel
to exceed these guidance figures? read
now... |
| |
| EU changes to copyright law |
| A forthcoming EU Directive does not impose
charging for copyright material when the material
is for use in court cases read
now... |
| |
Issue 4
Published: January 2003
|
| R -v- Sally Clark |
| Stepping back from the axe-wielding media frenzy,
we take a rather more rational look at what may be
the main issues for expert witnesses to consider
arising from the Sally Clark appeal. read
now... |
| |
| Is there property in an expert witness? |
| No privilege attaches to the documents or chattels on
which as expert is asked to base an opinion. But what
recent decisions have demonstrated that human rights
issues have a bearing on whether the same applies to
an experts opinion on other facts observed? read
now... |
| |
| Driving through the media jungle and finding a pothole or two |
| When should experts expect payment from journalists
for their advice or opinion? read
now... |
| |
| Woolf: 4 years on |
| The LCD failed to put in place a research programme
to monitor the effectiveness of Lord Woolfs reforms.
Analyses have had to rely on ad-hoc surveys conducted
by third parties. Data suggest that while delays in
bringing cases to court may have been curbed, cutting
the cost of litigation has almost certainly not been
achieved and its anyones guess whether its easier
for individuals to enforce their rights! read
now... |
| |
Issue 3
Published: December 2002
|
| A chance to shed some light on the mushroom farm! |
| The LCD is interested to discover the extent to which
solicitors fail to give timely notice to experts of a
direction for a meeting of experts. read
now... |
| |
| Are CPR Practice Directions binding? |
| Do Practice Directions have the same force as the Rules themselves? read
now... |
| |
| Members of the UK Register of Expert Witnesses read on |
| Drafts for inclusion in the UK Register of Expert Witnesses
will soon be in the post! read
now... |
| |
Issue 2
Published: November 2002
|
| What's the difference between an SJE and a single expert? |
| There's a mighty big difference. If you get it wrong, you could breach the
rules of privilege and disclosure and end up in court yourself! read
now... |
| |
| Latest on criminal justice reform |
| So what does the Government propose to do about expert evidence in
criminal cases? It mostly comes under the unenlightening 'Considering further'! read
now... |
| |
| Delicious irony! |
| What danger could possibly lurk in the promotion of no-win, no-fee services?
Well, lots when you combine it with a game of street football! read
now... |
| |
Issue 1
Published: October 2002
|
| General Pre-action Protocol shelved |
| LCD plans for a General Pre-Action Protocol have been scotched by the
lack of support from the legal profession and experts. The consultation
exercise elicited a paltry 100 responses! read
now... |
| |
| Can experts work for a contingency fee? |
| A recent Court of Appeal ruling has unexpectedly clarified the law relating
to contingency fees, and in particular whether expert witnesses might be
paid on that basis. read
now... |
| |
| Conference and training update |
| A round-up of the autumn expert witness conference
season and up-coming training opportunities. read
now... |
| |
|
| |
Disclaimer
The information contained in our e-wire articles is supplied
for general information purposes only and does not constitute
professional advice. Neither J S Publications nor the authors accept responsibility for
any loss that may arise from reliance on information contained
herein. You should always consult a suitably qualified
adviser on any specific problem or matter. |
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