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30 March 2007 / B Mahendra
Issue: 7266 / Categories: Features , Legal services , Profession
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Mistakes in court

B Mahendra reports on the recent cases involving elementary faults, conflicts of interest and causation

Given that expert evidence has fea­-tured for centuries in the English legal system it is surprising that some simple and glaring errors are still made or found in the courts.

unproduced evidence

In Breeze v Ahmed [2005] EWCA Civ 233, [2005] All ER (D) 134 (Mar), the facts involved allegations of clinical negligence against a GP. It was claimed that the GP had not properly examined a patient who had presented with chest pains; had he done so the patient’s heart attack might have been detected and his life saved. At trial, the judge had preferred the opinion of the expert for the defence who said even if the defendant GP had carried out a competent examination, with rapid admission to hospital following that examination, the patient would still have died.

The defence expert said recent medical literature supported his views, a fact that appears to have impressed the judge. The problem was that the defence expert had

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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