THE INDEPENDENT MAGAZINE FOR LEGAL PROFESSIONALS
Issue #21
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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.

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…

“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.

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  

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.

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”). 

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…... 

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.  

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 ?”.
 

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.


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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