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How
the Inquiry system could learn from mediation
By Professor
Karl Mackie, CEDR Chief Executive and Tony Allen, CEDR Director
The
spectacle generated by the publication of Lord Hutton’s findings
is the very familiar one of the successful and unsuccessful litigant
who both put their trust in a third party to resolve the differences
between them, only for one of them to find that the decision was
deeply unacceptable. 
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Give
the IT expert a chance, please…
Dr Stephen Castell
offers a helpful mini-handbook of suggestions to solicitors for
instructing him as computer expert witness in complex software implementation
contract disputes…
In a
recent article in The Times, Law Section (23.09.2003), Daniel Barnett,
barrister, supplied a handy solicitors guide to preparing the perfect
brief for Counsel. As an expert witness in over 100 major IT cases
worldwide over the past fifteen years, the following ‘expert’
tips occur to me, to add to Mr Barnett’s in the cause of assisting
instructing solicitors to help us, the client, and the court…
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“Towards
A New Approach On Diversity”
By Karl King, Barrister, Hardwicke Building
and Chairman of the South Eastern Circuit’s Minorities Committee
Statistics don’t
lie but they often mask the truth. In 2001 of the 86,603 solicitors
with practising certificates approximately 37% were women and approximately
6.5% were from an ethnic minority. By December 2003, there were
11,248 Barristers in private practice in England and Wales. Of that
number 21% were women and approximately 10% from a mixed or ethnic
minority background. Approximately 49% of those enrolled on BVC
courses in 2002/2003 were from a mixed or ethnic minority background.
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Intellectual Property Theft
By Simon Janes International Operations Manager
ibas Group and formerly of Scotland Yard
Barristers and lawyers are becoming more and
more aware of both the requirement for evidence that is based on
a computer and the compelling value that it has as forensic evidence |
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Anti
Money Laundering Regulations-Are you Complying?
By Jeremy Rowe senior
manager in the Forensic Department at Pierce Chartered Accountants
in Blackburn, Lancashire
The Government’s new anti-money laundering
regulations came into force on 1 March 2004 and individuals, businesses
and their advisers could be exposed to criminal sanctions if they
are not complying. |
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Halsey – The most comprehensive guidelines on mediation yet.
By Michael Lind, Operations Director ADR Group
In a landmark decision handed down by the Court of Appeal on 11
May 2004, it was decided that the courts do have jurisdiction to
impose costs sanctions against successful litigants on the grounds
that they refused to engage in Alternative Dispute Resolution (“ADR”). |
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The
crash that wrecked a business – or a business already crashed?
By Stephen Harris,
Principal, Stephen Harris & Co, Chartered Accountants
Having spent
25 years investigating quantum in civil claims, my experience has
shown the need for a careful examination. In many instances this
may be completed quickly, but in others there may more to the situation
than meets the eye. This of course is true whether instructed by
defendant, by claimant or as single joint expert. Otherwise, entirely
the wrong outcome could result…...
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Digital
Document Discovery: The process of Document Discovery has become
a well worn tool in the litigator’s bag of tricks
By Robert Brown. Technical Director &
Senior Forensic Analyst, Datasec Ltd
The increasing awareness of the value of digital
evidence in both civil and criminal matters brings with it many
new challenges, not least of which is the concept of what digital
evidence actually is. In its most fundamental form, digital evidence
is exactly what it says on the tin, digital! It is simply a stream
of ones and zeros. |
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Getting
the most from your expert – the Top Ten tips
By
Paul D Smethurst, Head of forensic and investigation services at
the London office of Begbies Traynor
How things have changed. It’s not too long since the hired
gun or pay per view expert was a common feature of the litigation
landscape – if the evidence wasn’t there get someone
near retirement with a lot of letters after their name to proclaim
loudly that white really was just a particularly light shade of
black. In contrast, I recently asked a litigation partner at a well
known firm what he wanted from the experts he engaged. His response;
“I want someone who is going to help me get the best sustainable
result for my client in light of the evidence available”.
His next comment was the basis for this article; “So –
I’ve told you what I want, now – you tell me how I get
this ?”.
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Getting
the Most Out of Your Marketing Budget
By Stephen Bedford BA MA DipM MCIM MIPR
Barristers
have largely embraced the need for marketing, but there remains
a sense of unease as to some of the output and activities of those
responsible for marketing a Chambers.
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European
Evidence Warrant to Replace Mutual Assistance Regime
Paul Garlick QC and Marisa Leaf discuss the concerns for the rights
of the defence raised by the new proposal for a European evidence
warrant.
Key developments
in police and judicial criminal co-operation are taking place, and
at an unprecedented pace, in European justice and home affairs (JHA).
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