All Articles: Expert evidence

Important Court of Appeal judgment on expert evidence and “credibility”

The Court of Appeal has handed down a major judgment on the correct approach to assessing whether a person is a victim of trafficking: MN v Secretary of State for the Home Department [2020] EWCA Civ 1746. Although this was the central question in the ...

4th January 2021 By

County Court takes dim view of Fast Track detainee’s false imprisonment claim

In Ali v Home Office EW Misc 27 (CC) [2020], the County Court robustly dismissed a false imprisonment claim brought by an Afghan refugee who was detained for 98 days under the Detained Fast Track process in 2015.  County Court cases are rarely report ...

3rd December 2020 By

Expert reports in human rights cases must be up to scratch

In HK, HH, SK and FK v Secretary of State for the Home Department [2017] EWCA Civ 1871 the Court of Appeal found that asylum seekers could be returned to Bulgaria under the Dublin III Regulation. Removal would not violate the appellants’ Article ...

1st December 2017 By

Scarring evidence in asylum cases

“The Tribunal’s conclusion was… that [in order to fabricate an asylum claim] the appellant had allowed himself to be anaesthetised and then branded with a hot metal rod”  – Elias LJ, KV (Sri Lanka) In this area of law, it is sometim ...

15th March 2017 By

Tribunal makes order requiring dental age assessment of young asylum seeker

In a new case on dental age assessments, the tribunal has ordered that a young asylum seeker to undergo a dental x-ray and age assessment. If he refuses, his court case will be struck out. The case also gives general guidance on the correct approach t ...

20th December 2016 By

SPRAKAB and anonymous evidence

The Independent reported at the end of last week that an “expert” linguist at controversial commercial linguistic analysis company SPRAKAB has lied about his qualifications and has a criminal conviction for smuggling drugs. It is rather q ...

17th November 2014 By