Ceto Shipping Corporation v Savory Shipping Inc [2025] EWHC 2033 (Comm) Ceto Shipping Corporation v Savory Shipping Inc [2025] EWHC 2033 (Comm)

Ceto Shipping Corporation v Savory Shipping Inc [2025] EWHC 2033 (Comm)

The claimant asserted that the defendant was required to transfer title in a vessel at the expiry of the bareboat counterparty between them. The judge...
Reliance on performance validity tests administered by psychiatrists Reliance on performance validity tests administered by psychiatrists

Reliance on performance validity tests administered by psychiatrists

This is a very important judgment for psychiatrists and psychologists who employ validity testing when assessing litigants. There were two experts,...
The Medical Expert in Court The Medical Expert in Court

The Medical Expert in Court

Fans of true crime and anyone involved in giving expert evidence might be interested in a recent podcast episode from EWI Fellow, Dr Harry Brunjes.
Andrew Lunt v BAC Impalloy Ltd [2025] EWCC 4 Andrew Lunt v BAC Impalloy Ltd [2025] EWCC 4

Andrew Lunt v BAC Impalloy Ltd [2025] EWCC 4

The claimant alleged that the vibrating tools he used while employed by the defendant caused Hand-Arm Vibration Syndrome. The judge criticised one of...
EWI partnership with the Pro Bono Expert Support Scheme EWI partnership with the Pro Bono Expert Support Scheme

EWI partnership with the Pro Bono Expert Support Scheme

The Expert Witness Institute has set up a new partnership with the Pro Bono Expert Support Scheme which is a collaborative initiative between the...
RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th... RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th...

RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th...

The RICS is seeking feedback from public stakeholders on the updating of its Professional Standard for Surveyors Acting as Expert Witnesses. The...
Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness... Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

In the 15th episode of the Expert Matters Podcast, Simon and EWI's Membership Manager, Will Watkis, discuss the power of EWI membership and the...
A day in the life of an Accommodation Expert Witness A day in the life of an Accommodation Expert Witness

A day in the life of an Accommodation Expert Witness

Marisa Shek is a Healthcare Architect and owner of Shek Architects. As an Expert Witness, she specialises in the field of accommodation for disabled...
Podcast Episode 14: Reflections on the EWI Annual Conference 2025 Podcast Episode 14: Reflections on the EWI Annual Conference 2025

Podcast Episode 14: Reflections on the EWI Annual Conference 2025

In the 14th episode of the Expert Matters Podcast, Simon and EWI's Marketing and Events Manger, Heather George, reflect on their highlights from...
A Day in the Life of a Town Planning Expert Witness A Day in the Life of a Town Planning Expert Witness

A Day in the Life of a Town Planning Expert Witness

Susan Jones, founder of SJ Consultancy, has been a town planning consultant for over 40 years. As an Expert Witness, she provides evidence at public...
Podcast Episode 13: Long-Standing Policy Issues Podcast Episode 13: Long-Standing Policy Issues

Podcast Episode 13: Long-Standing Policy Issues

In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1)...
A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

Dr. Rohit Seth is trained in Plastic, Reconstructive, Aesthetic and Hair Transplant Surgery with over 20 years of surgical experience. A practicing...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Call for evidence: Use of evidence generated by software in criminal proceedings
Sean Mosby 1219

Call for evidence: Use of evidence generated by software in criminal proceedings

bySean Mosby

 

The Ministry of Justice has published a call for evidence on the use of evidence generated by software in criminal proceedings.

The call for evidence is to help the Ministry better understand how the current presumption concerning the admissibility of computer evidence is working in practice, and whether it is fit for purpose in the modern world. The limitations of this presumption have been highlighted starkly by the Post Office Horizon scandal, which saw hundreds of sub-postmasters wrongly convicted based on evidence which is now known to have been false, due to faults in the Horizon accounting software system. This clearly demonstrated the fallibility of evidence produced by software. 

The Ministry wishes to increase its evidence base and understanding of the ways in which evidence produced by software is handled in criminal proceedings. This includes how this evidence is treated in other jurisdictions, and any challenges or issues with the current position in this country.

Current Common Law Presumption

Since 2000 there has been a common law (rebuttable) presumption that the computer was operating correctly at the material time. The presumption is a rebuttable one, meaning that if it can be shown that the software may not have been functioning correctly, the burden shifts to whoever is seeking to rely on the evidence to prove that it was. 

Proposed scope of any reform to the law

The Ministry is keen that any changes to the current common law presumption are carefully defined to only include that evidence which is generated by software, including Artificial Intelligence and algorithms. It believes that evidence which is merely captured or recorded by a device should be excluded.

Questions

The Ministry is seeking responses to a series of questions set out at the end of the call for evidence.

How to respond

You can respond to the call for evidence by email to computer.evidence@justice.gov.uk by 15 April 2025. The EWI will be submitting a response to the call for evidence. If you would like to provide input into the EWI's response, please contact us at policy@ewi.org.uk by 31 March 2025.

Share

Print
Comments are only visible to subscribers.