Employment Consultant
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Employment Consultant
An employment consultant is an expert witness who advises courts and tribunals on employment related issues such as earnings, labour market analysis, residual earning capacity, and retraining. The main area involved is that of personal injury litigation where loss of earnings is an important component of a claim. Employment consultants give evidence on pre and post accident earnings, thus establishing a loss of earnings formula. Employment consultants also deal with sex, race and disability discrimination, matrimonial matters and any case involving a loss or dispute of earnings. Increasingly, pay parity is a growth area. Usually solicitors will use an employment report to quantify the loss of earnings or ''Smith v. Manchester'' awards. An employment consultant, like other experts witnesses, may be instructed by the solicitors for the claimant, the defendant, or as a jointly instructed expert, and may be required to give evidence under oath at trials and tribunal hearings. Altho ...
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Expert Witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and ...
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Legal Aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. This article describes the development of legal aid and its principles, primarily as known in Europe, the Commonwealth of Nations and in the United States. Legal aid is essential to guaranteeing equal access to justice for all, as provided for by Article 6.3 of the European Convention on Human Rights regarding criminal law cases. Especially for citizens who do not have sufficient financial means, the provision of legal aid to clients by governments increases the likelihood, within court proceedings, of being assisted by legal professionals for free or at a lower cost, or of receiving financial aid. A number of delivery models for legal aid have emerged, including duty lawyers, community legal clinic ...
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Evidence Law
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The Quantum meruit, quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ...
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Equal Pay Act 1970
The Equal Pay Act 1970 was an Act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The Act was proposed by the then Labour government, and was based on the Equal Pay Act of 1963 of the United States. It has now been mostly superseded by Part 5, chapter 3, of the Equality Act 2010. History In the 1964 general election, the Labour Party's manifesto had proposed a charter of rights including 'the right to equal pay for equal work'. September 1965 saw the Trades Union Congress resolving 'its support for the principles of equality of treatment and opportunity for women workers in industry, and calls upon the General Council to request the government to implement the promise of 'the right to equal pay for equal work' as set out in the Labour Party election manifesto'. However, there was no immediate action by either government or unions. Brian Harrison says polls in 1968–69 showed ...
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Van Wees V Karkour And Walsh
Van Wees v Karkour (1) and Walsh (2) 007EWHC 165 (QB)was an English law case of importance because of its implications in the assessment of damages. As such, it has relevance in particular to personal injury solicitors and employment consultants. Facts Van Wees suffered a head injury and post-traumatic amnesia (PTA) in a road traffic accident whilst riding as a pillion passenger on a motorscooter. She claimed that the "loss of edge" caused by the accident had been a contributory factor which then led to dismissal from her employment. Her schedule of loss claimed for just under £10 million. Judgment The Hon. Mr Justice Brian Langstaff awarded £1,105,012, saying that had she not been injured, she had a greater prospect of being retained in her employment. His judgment involved the assessment of the subtle effects of mild brain injury on someone who remained of superior intelligence and capable of achieving high earnings even after her accident. He determined that the injur ...
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The Observer
''The Observer'' is a British newspaper published on Sundays. It is a sister paper to ''The Guardian'' and ''The Guardian Weekly'', whose parent company Guardian Media Group Limited acquired it in 1993. First published in 1791, it is the world's oldest Sunday newspaper. History Origins The first issue, published on 4 December 1791 by W.S. Bourne, was the world's first Sunday newspaper. Believing that the paper would be a means of wealth, Bourne instead soon found himself facing debts of nearly £1,600. Though early editions purported editorial independence, Bourne attempted to cut his losses and sell the title to the government. When this failed, Bourne's brother (a wealthy businessman) made an offer to the government, which also refused to buy the paper but agreed to subsidise it in return for influence over its editorial content. As a result, the paper soon took a strong line against radicals such as Thomas Paine, Francis Burdett and Joseph Priestley. 19th century In 180 ...
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Trade Union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits (such as holiday, health care, and retirement), improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting the integrity of their trade through the increased bargaining power wielded by solidarity among workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called ''union dues''. The delegate staff of the trade union representation in the workforce are usually made up of workplace volunteers who are often appointed by members in democratic elections. The trade union, through an elected leadership and bargaining committee, ...
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Judiciary Of England And Wales
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are generally given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary. By statute, judges are guaranteed continuing judicial independence. The following is a list of the various types of judges who sit in the Courts of England and Wales: Lord Chief Justice and Lord Chancellor Since 3 April 2006, the Lord Chief Justice has been the overall head of the judiciary. Previously they were second to the Lord Chancellor, bu ...
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Expert Report
An expert report is a study written by one or more authorities that states findings and offers opinions. In law, expert reports are generated by expert witnesses offering their opinions on points of controversy in a legal case and are typically sponsored by one side or the other in a litigation in order to support that party's claims. The reports state facts A flexible alternating current transmission system (FACTS) is a system composed of static equipment used for the alternating current (AC) transmission of electrical energy. It is meant to enhance controllability and increase power transfer capabi ..., discuss details, explain reasoning, and justify the experts' conclusions and opinions. In medicine, an expert report is a critical assessment of a medical topic, for example, an independent assessment of the cost–benefit ratio of a particular medical treatment. See also * Forensic science References {{reflist Legal literature Medical literature lt:Teismo ekspertiz ...
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Civil Procedure Rules 1998
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 is the statutory instrument listing the rules. The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. As a consequence of this, many archaic legal terms were replaced with "plain English" equivalents, such as "claimant" for "plaintiff" and "witness summons" for "subpoena". Unlike the previous rules of civil procedure, the CPR commence with a statement of their “overriding objective”, both to aid in the application of specific provisions and to guide behaviour wher ...
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No Win No Fee
A contingent fee (also known as a contingency fee in the United States or a conditional fee in England and Wales) is any fee for services provided where the fee is payable only if there is a favourable result. Although such a fee may be used in many fields, it is particularly well associated with legal practice. In the law, a contingent fee is defined as a fee charged for a lawyer's services that is payable only if a lawsuit is successful or results in a favorable settlement, usually in the form of a percentage of the amount recovered on behalf of the client. Contingent fees may make it easier for people of limited means to pursue their civil rights since otherwise, to sue someone for a tort, one must first be wealthy enough to pursue such litigation in the first place. Due to the risk of loss, attorneys will not take cases on a contingency basis unless they believe that the case has merit, although accepting cases on a contingency is not without risk. Contingent legal fees Under ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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