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05 December 2014 / Mark Solon
Issue: 7633 / Categories: Features , Expert Witness , Profession
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Under pressure

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The Bond Solon Annual Expert Witness Survey highlights the stresses that witnesses are facing, says Mark Solon

Expert witnesses say they are being put under pressure to change their reports, according to the latest Bond Solon Annual Expert Witness Survey. In a survey of 186 expert witnesses, 55 respondents said they had been asked to, or felt pressurised to, alter a report, in a way that damaged their impartiality. Witnesses’ experiences ranged from being asked to remove sections of reports which were seen as damaging to the client’s case to being asked to re-write in their favour. Other experts said some solicitors had even refused to pay them if they felt they had written an “unhelpful” report. One said: “A leading firm of solicitors tried to pressurise me on more than one occasion as the client didn’t like my conclusions.” Another expert witness said: “Solicitors were asking for the report to be changed materially to the client’s advantage. Other solicitors were asking for quoted GP notes entries to be changed. I always refused.”

Sticking

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NEWS
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A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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