May '10
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Law

Muuse v Sec of State for Home Department (Court of Appeal, 27th April 2010) In awarding exemplary damages in respect of oppressive, arbitrary or unconstitutional conduct by government officials, there was no need to consider further whether such outrageous conduct disclosed malice.

R v Richards (Court of Appeal, 9th April 2010) In respect of a charge of breach of a non-molestation order, the burden of proof was on the prosecution to show that the defendant, in acting as he did, acted without reasonable excuse.

MAK & RK v United Kingdom (ECHR, 23rd March 2010) Medical intervention without consent. The taking of blood samples and of intimate photographs of a girl aged nine, without her parents' consent, violated article 8 of the European Convention on Human Rights, guaranteeing the right to respect for private and family life. The absence of a common law duty of care owed to parents, violated article 13, providing for the right to an effective remedy.


Events/Training
26-27/05/10 (London):

Expert Determination Academy training course. With the increasing use of Expert Determination there are new appointments awaiting those who are prepared. Although experts instinctively feel that as experts they would have no problems with determination, the reality is rather different - technical/professional expertise alone is not sufficient. There are many pitfalls which need to be avoided and procedures and doctrines which must be followed.

30/06/10 (London):

EWI Annual Conference According to the EWI "expert witnesses are needed now more than ever" and you wouldn't expect us to disagree. The Conference is described as one of the largest gatherings of experts in th United Kingdom.


Articles

How Far Can an Expert Go? Interesting online article that will be of interest to solicitors and new experts alike. The article will also serve as a useful reminder to more experienced experts how they should go about their business.

Art Crime Expert valuer Robert Coram James on the increasing number of high quality forgeries finding their way onto the market and how this now represents the third most profitable criminal activity after drugs and arms trafficking.


In The News

22/05/10 (USA): Experts and Eyewitness Testimony We spotted this in the New York Criminal Bar Newsletter and thought our UK readers would find it a fascinating insight into how U.S courts have adopted an interesting approach in allowing experts to give evidence relating to the testimony of eye witnesses. The link takes you to the online PDF.


20/05/10 (UK): Clarke: A Good Man to Have Onside? Ken Clarke has now sworn his oath of office, which included upholding the independence of the judiciary and a commitment to maintaining adequate resources for the justice system - a pledge that may just come back to haunt him. Link to the recent Times article.


18/05/10 (USA): fMRI Brain Scans Unreliable, Says U.S Judge State-of-the-art brain scans that would have been utilized as evidence for the first time in New York were shot down by a U.S judge who deemed the technology unreliable. [In the U.S, the scrutinising of expert evidence by the trial judge before admission into evidence is the norm.]


18/05/10 (AUS): High Court Rejects DNA Challenge The High Court of Australia has thrown out a case that sought to challenge the use of DNA evidence in criminal trials.


16/05/10 (VAT): Vatican Details U.S Sex Abuse Defence The Vatican will make its most detailed defence yet against claims that it is liable for U.S. bishops who allowed priests to molest children, saying bishops are not its employees and that a 1962 Vatican document did not require them to keep quiet.


06/05/10 (UK): Family Courts A "Misguided Fudge" Excellent Times article by Frances Gibb, Legal editor, on changes in the family courts that have resulted in the media having "food but no cutlery". Link to the online article.


05/05/10 (USA): Lord Monckton Called as 'Expert' by U.S. Republicans House Republicans in the U.S. have chosen Lord Christopher Monckton, a non-scientist, as their sole witness at a hearing in front of the Select Committee on Energy Independence and Global Warming. The decision has left even the sceptics bemused.


04/23/10 (CAN): No Brains Allowed "My whole brain is in there," said the Canadian lawyer Sean Robichaud as his MacBook computer was declared by a magistrate to be unsuitable for the courtroom. The magistrate aborted the criminal trial and adjourned it until August so that Mr Robichaud could use a printer or fountain pen to carry out the necessary brain transplant to paper folders.


21/04/10 (UK): Sex Offenders Win Right To Challenge Life Registration Two sex offenders have won the right to challenge their lifetime inclusion on the sex offender register after complaining that it breached their human rights. The ruling in the Supreme Court opens the way for hundreds of other sex offenders placed on the register for life to seek to have their details removed.


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