scholarly journals Expert evidence and the courts: 1. The history of expert evidence

1999 ◽  
Vol 5 (1) ◽  
pp. 71-77 ◽  
Author(s):  
Keith J. B. Rix
Keyword(s):  
Justice System ◽  
Expert Witness ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Civil Justice ◽  
England And Wales ◽  
History Of ◽  
Civil Justice System

Recommendations by Lord Woolf for the reform of the civil justice system in England and Wales include proposals which are already beginning to influence the provision of expert evidence to the courts. Lord Woolf has himself been instrumental in the establishment of an Expert Witness Institute which has caused some controversy in medical circles. It is no coincidence that all of this is happening at a time when the courts are delivering judgments which are particularly critical of some expert witnesses.

scholarly journals The new Civil Procedure Rules. 1. The process of dispute resolution and litigation

2000 ◽  
Vol 6 (2) ◽  
pp. 153-158 ◽  
Author(s):  
Keith Rix
Keyword(s):  
Dispute Resolution ◽  
Justice System ◽  
Expert Witness ◽  
Civil Procedure ◽  
Previous Article ◽  
Civil Justice ◽  
England And Wales ◽  
Key Points ◽  
Civil Justice System

In the second of my previous two articles on the role of the expert witness, I anticipated the implementation of Lord Woolf's proposed reforms to the civil justice system in England and Wales (Rix, 1999). These changes came into effect on 26 April 1999 and they represent the most radical changes to the civil justice system for a hundred years. In the previous article, it was not possible to do more than list a few of the key points relevant to experts. The purpose of this article is to describe the changes in detail and show how they will, or can be expected to, affect the role of the expert.

scholarly journals Expert evidence and the courts 2. Proposals for reform, expert witness bodies and ‘the model report’

1999 ◽  
Vol 5 (2) ◽  
pp. 154-160 ◽  
Author(s):  
Keith J. B. Rix
Keyword(s):  
Justice System ◽  
Expert Witness ◽  
Expert Evidence ◽  
Civil Justice ◽  
Expert Report ◽  
Civil Justice System

In response to what are regarded as the two principal evils of the civil justice system, costs and delay, Lord Woolf, now Master of the Rolls, has presided over an inquiry which has resulted in some proposed reforms which should change radically the administration of civil justice. The implications for experts are best considered against the background of a brief overview of the proposed reforms. This paper then considers the role of the expert witness organisations and the medical version of ‘the model expert report’.

CRIMINOLOGICAL AND PENAL ASPECTS OF ISSUING A FALSE OPINION BY AN EXPERT WITNESS - DRAFT REPORT ON RESEARCH PROJECT WITH PROPOSALS FOR CHANGES IN THE LAW DETERMINING THE LEGAL STATUS OF EXPERT WITNESSES

2020 ◽  
Vol 136 (4) ◽  
pp. 360-375
Author(s):  
KRZYSZTOF JÓŹWICKI
Keyword(s):  
Expert Opinion ◽  
Justice System ◽  
Legal Status ◽  
Expert Witness ◽  
Criminal Responsibility ◽  
Negative Impact ◽  
Penal Code ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Draft Report

Evidence in the form of an expert opinion is usually of key importance for settling a pending case in any type of proceedings. In some cases, the role of the expert witness is closer to that of a judge rather than that of a witness, since a judge who does not have special knowledge often has to use evidence given by an expert to render a judgement. For this reason, issuing a false expert opinion results in a very high risk of delivering a wrong and unfair decision in a given case, which in turn has a negative impact on the social perception of the functioning of the justice system. In the Polish Criminal Code, criminal responsibility for issuing a false opinion is stipulated in Article 233 (4) and (4a) of the Penal Code. At the same time, despite a very large number of reports of suspicion that a crime has been committed by an expert witness, only a negligible number of investigations result in a bill of indictment and a conviction, which causes virtual impunity of perpetrators and has a negative impact on the functioning of criminal justice. Due to the diagnosed research gap in this area, the need to investigate and describe the phenomenon of issuing false opinions by expert witnesses, both in normative and criminological terms, on the basis of empirical research, has been clearly seen. The main objective of the research has been to characterise the phenomenon in question on many levels and to determine its real extent, its etiology and symptomatology. An additional aim of the research has been the verifi cation of research hypotheses and recognition of the normative sphere of the expert witness’s status, expert evidence, and principles of responsibility for issuing false opinions. The research fi ndings have resulted in proposals of solutions aimed both at limiting the phenomenon of issuing false opinions and more effective prosecution of perpetrators of crimes under Article 233 (4) of the Penal Code, which in turn may translate into more effi cient functioning of the entire justice system, as expert witnesses and their work are an extremely important aspect of thereof. The conducted research has fully confi rmed the research hypotheses and precisely indicated defective areas of expert evidence, and consequently the need to introduce immediate legislative changes. Some of the research conclusions and de lege ferenda postulates were implemented into the amended provisions of the Penal Code in 2016, which fully confi rms their legitimacy. Unfortunately, there is still no legal act of statutory rank which would comprehensively regulate the status of expert witnesses and expert evidence.

8. The civil and commercial justice systems

2021 ◽  
pp. 218-252
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Civil Justice ◽  
England And Wales ◽  
High Court ◽  
Justice Systems ◽  
Appeal Courts ◽  
Civil Justice System

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may result from the Transformation programme and the civil and commercial justice systems’ response to the COVID-19 pandemic. It also considers routes of appeal and the work of the appeal courts.

8. The civil and commercial justice systems

2019 ◽  
pp. 210-242
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Civil Justice ◽  
England And Wales ◽  
High Court ◽  
Justice Systems ◽  
Appeal Courts ◽  
Civil Justice System

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may follow the courts and tribunals transformation project. It also considers routes of appeal and the work of the appeal courts.

scholarly journals In Chancery: The Genesis of Micro Caseflow Management

Amicus Curiae ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 165-200
Author(s):  
Michael Reynolds
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Court System ◽  
Civil Justice ◽  
England And Wales ◽  
Informal Justice ◽  
Judicial Practice ◽  
Civil Justice System ◽  
The Relationship

This article explores an early example of subordinate judicial practice in England and Wales in which we may see some issues that later appear in the relationship between informal justice initiatives (especially alternative dispute resolution) and the civil justice system. Broadly speaking, the paper looks first at the symptoms of systemic failure in the pre-1873 system which led to the creation of the Official Referee’s office. It then considers the relevant recommendations of the Judicature Commissioners and the reasoning behind such recommendation, looking at both the macro- and the micro-levels, before exploring the referees’ diverse jurisdiction which provided a creative foundation for the evolution of interlocutory innovation. The article argues that structural realignment of the court system by the Judicature Commissioners was not sufficient in itself to eradicate all its encumbrances, but it indirectly empowered the referees to eventually bring about revolutionary procedural changes.

A comparative analysis of the criminal and civil justice systems in England and Wales

2017 ◽  
Author(s):  
Matthew R. Smith
Keyword(s):  
Justice System ◽  
Economic Viability ◽  
Fundamental Change ◽  
Credit Crisis ◽  
Civil Justice ◽  
England And Wales ◽  
The Public ◽  
International Credit ◽  
Justice Systems ◽  
Civil Justice System

This Chapter explores the current criminal and civil justice systems in England and Wales and compares their accessibility to the public, their value for money and their overall viability. The international credit crisis resulted in government cuts and streamlining has produced an appetite to reduce criminal and civil litigation. In the criminal justice system, fewer cases are prosecuted whilst in the civil justice system; there is a desire to deter litigation by a number of measures. This Chapter argues that this philosophy is detrimental to both systems resulting in the reduction of genuine litigation thereby rendering the accessibility to both systems difficult and unfair. Whilst their economic viability might appear to be sound, this Chapter maintains that overall they are not economically viable and there needs to be a fundamental change in philosophy and approach.

scholarly journals The Forensic Engineer at the Discovery Deposition

1988 ◽  
Vol 5 (1) ◽  
Author(s):  
Edwin F. Heyer
Keyword(s):  
Justice System ◽  
General Information ◽  
Expert Witnesses ◽  
Civil Justice ◽  
Expert Opinions ◽  
New Information ◽  
Civil Suit ◽  
Initial Deposition ◽  
Civil Justice System

In the civil justice system, the utilization of the discovery deposition of expert witnesses by attorneys, both plaintiff and defendant, plays an important part in pre-trial preparation and possible pre-trial settlement of civil disputes. If one is retained by an attorney as an engineering expert in a civil suit, one should expect to be deposed by the attorney for the opposing side and perhaps to be deposed more than once if there are several parties to the suit, or if new information is acquired that could alter your expert opinions following your initial deposition. This paper is presented as general information to define some of the conditions and situations an engineering expert may expect to encounter in a discovery deposition. Your client attorney may have a different opinion of how similar situations should be handled in your deposition. Be sure to discuss deposition strategy with him and follow his directions in each specific case.

The Federal Arbitration Act in Its Infancy

2021 ◽  
pp. 212-215
Author(s):  
Imre S. Szalai
Keyword(s):  
Legal History ◽  
Justice System ◽  
Civil Justice ◽  
History Of ◽  
The Rich ◽  
Civil Justice System

Julius Henry Cohen, the principal drafter of the Federal Arbitration Act (FAA), together with Kenneth Dayton, another lawyer who worked at Cohen’s firm, published a landmark article announcing the FAA’s enactment in February 1926, one month after the FAA’s effective date. An interesting history surrounds the writing of the article, which stands as a milestone in the field of arbitration law for several reasons, including: its introduction and justification of a statute that has had a far-reaching impact on America’s civil justice system; its contextualization of the FAA; its acknowledgment of concerns regarding the FAA; and its recognition that private parties should promote arbitration. The article is significant for celebrating the birth of a landmark statute and capturing a small snapshot of the rich legal history of the FAA. Also, in retrospect, the article has taken on a new meaning and serves as a reminder that the FAA, now almost one hundred years old, needs reform....

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