Photo by August de Richelieu via Pexels The Insanity Defence: M’Naghten Rules and Modern Application in England and Wales In clinical negligence, personal injury, and criminal proceedings, the question of a defendant’s mental state at the time of an alleged offence can be pivotal. The insanity defence, governed by the M’Naghten Rules, remains a cornerstone…
Photo by Sora Shimazaki via Pexels The M’Naghten Rules Explained: The Historical Foundation of the Insanity Defence in UK Law In UK medico-legal practice, the M’Naghten Rules remain the cornerstone of the insanity defence, shaping expert witness testimony in criminal proceedings, clinical negligence claims involving mental health, and coronial inquests where capacity or culpability is…
Photo by RDNE Stock project via Pexels Automatism as a Defence in English Criminal Law: Sane, Insane and Self-Induced In criminal proceedings, the automatism defence represents a critical intersection of medicine and law. For solicitors handling cases involving alleged involuntary conduct, understanding the clinical frameworks underpinning automatism is essential. The distinction between sane automatism, insane…
Photo by Vitaly Gariev via Pexels Fresh Claims in Asylum and Immigration: Paragraph 353 and Psychiatric Evidence In asylum and immigration litigation, the concept of a “fresh claim” under Paragraph 353 of the Immigration Rules presents a critical juncture where psychiatric expert evidence can determine the outcome of an application. For legal practitioners, understanding the…
Photo by Vitaly Gariev via Pexels Postnatal Depression and Care Proceedings: How Psychiatric Evidence Supports Parents In care proceedings involving allegations of neglect or harm linked to parental mental health, postnatal depression (PND) is frequently a central concern. For solicitors acting in these sensitive cases—whether for parents, local authorities, or children’s guardians—understanding the role of…
Photo by KATRIN BOLOVTSOVA via Pexels FASD in Family Proceedings: Why It Is Consistently Missed and What the Expert Looks For In family proceedings involving allegations of neglect, abuse, or safeguarding concerns, Foetal Alcohol Spectrum Disorder (FASD) is a critical yet frequently overlooked factor. In medico-legal practice, it is widely recognised that FASD can significantly…
Photo by Tima Miroshnichenko via Pexels PTSD in Personal Injury Claims: Key Requirements for Psychiatric Assessments In abuse injury litigation, post-traumatic stress disorder (PTSD) and complex PTSD (CPTSD) are among the most frequently alleged psychiatric consequences. For solicitors handling civil claims, Criminal Injuries Compensation Authority (CICA) matters, or group litigation, a robust psychiatric assessment can…
Photo by cottonbro studio via Pexels Fitness to Plead Reports: What Criminal Defence Solicitors Need to Know In criminal proceedings involving survivors of abuse, the question of fitness to plead can arise with particular complexity. The intersection of trauma, psychiatric sequelae, and legal capacity demands a nuanced, trauma-informed approach. For criminal defence solicitors, understanding the…
Photo by cottonbro studio via Pexels Coercive Control and Psychiatric Injury: How Expert Evidence Has Changed Since the Domestic Abuse Act 2021 In abuse injury medico-legal practice, the recognition of coercive control as a distinct form of domestic abuse has transformed the landscape of psychiatric and psychological evidence. The Domestic Abuse Act 2021 (DAA 2021)…
Photo by cottonbro studio via Pexels Pre-Sentence Psychiatric Reports: A Guide to Section 156 CJA 2003 Instructions In abuse injury litigation, the intersection of criminal and civil proceedings often demands a nuanced understanding of psychiatric evidence. Pre-sentence psychiatric reports, instructed under Section 156 of the Criminal Justice Act 2003 (CJA 2003), serve a critical role…
