Sunday, January 26, 2020

Consumer Purchase Intention Analysis

Consumer Purchase Intention Analysis This management report is abased critique of an article which is known as consumer purchase intention for organic personal care product. The shows that the overall summary of this management report which is based on the environmental awareness towards the Impact on US consumers activities actually there is huge no selling of this organic personal care product which is extensively focusing to the marketing strategy but lacking care in customer behaviour. To avoid lacking customer behaviour author has based his research on TPB which also known as theory of plan behaviour. And also the entire report based on research of US consumer buying behaviour, attitude, values, norms and intention of purchasing past experience overall data analysis and so on. Here in this management report I have put few my effort to critique this article. Introduction: Consumer purchase intention for organic personal care products is an article written by Hee Yeon Kim and fae-Eun chung. Both authors are from department of consumer science, from the Ohio State University from Columbus, Ohio, USA. Authors has raised the awareness of environmental protection which is also known as green consumerism. (Moisander, 2007) The article is based on growing huge amount of US consumers activities that has been impacted by the variety of green products which has gained high popularity in a US market (organic trade association, 2006). And problem with highly growing organic personal care industry is that they are focusing on marketing strategy instead of having consumer behaviour and it is says that organic product industry will sink sooner if this industry will not understand focus on consumer behaviour. And this article is mainly based on organic personal care products which are covered outside of the US market. And authors says that the purpose of this article is to research by using theory of planned behaviour in order to investigate the customer behaviour and values, norms and to know the previous experience of consumer purpose while buying organic personal care products. With a response group of 207 online members and with many ignorance was used for study the relationship in the variables. And through this result it was found that awareness of environment were positively manipulate with this industry and it was also founded that the relationship between previous experience of having buying purpose consumer and behavioural control was surrendered pretty good on the TBP model. It says that with this research retailer can have a great marketing strategy by advertising its product is safe and gives beautiful look and can offer consumer the affordable prices in order to develop the buying purpose of customer through organic personal care product. And these researches give US consumer approaches analysis towards the intention of buying purposes of consumer queries through organic personal care product which had manipulate consumers attitude. This article of research has been elaborated to TBP by investigating the relationship between previous experience of having buying purpose consumer and behavioural control. (Kim,H ;chung,f, 2012) Conformance with principal of scientific investigation: Purposiveness: Here Michael K. Green (1998, p.165) states that the purposiveness of company consist in conceiving of a goal and plan of action for realizing it, and then carrying this plan into action. Here in article the researcher has used theory of planned behaviour in order to analysis the consumer buying behaviour through organic personal care product which will also help in achieving the intention of consumer buying behaviour past experience and consumer attitude towards the company and consumer values and norms. In this article the researcher has choose such types objectives in order to achieve their goals therefore it can be said that it is purposiveness. Rigor: Mentzer, John T (2008, p.72-77) states that rigor is the constant examination of whether research can actually support and justify the claims it makes. And it uses appropriate theories and methods which will regret the final part of something that research did not exposed. This means in this article the researcher has used theory of plan behaviour (TPB) analysis to research customer buying behaviour, past experience values and norms and then over all online participation was recruited in which 207 team members were participated which has helped to evaluate for the multiple regression relationship among the variables and then consumers attitude towards buying organic personal care product which has positive influence overall consumer buying shows that the research hence research is rigor. Testability: According to Binder, Robert V (1994, p.15) the testability terrain for object -oriented development is mapped in order to find shorter and cheaper paths to high reliability. He says that includes 6 factors which are representation, implementation, built-in test, the test suite, test support environment and process capability. This mean the researchers has developed hypothesis testing sample in order to perform the examination of relationship between consumer attitude and consumer values towards buying behaviour through organic shampoo and body lotion. Therefore the research can be said testability. Replicability: Clive Seale (2012) states that replicability is the extinct to which a re-study is made by feasible by the provision of sufficient information about research procedure in the first study. He says that if the research meets the quality the closeness will be placed in the fact of determining. This means while testing sample consumer attitude and consumer values towards buying behaviour through organic shampoo and body lotion. The evaluation data shows that most of the time similarities results were found in attitude and intention between organic shampoo and body lotion hence, it can be said that the research is replicable. Precision and confidence: Quiroz, Jorge (2012) states that confidence interval is usually constructed to assess the level of precision in the method validation studies. It shown that the finding this research may not be suitable for other organic product which shows in confidence in statistics and no closeness found during the evaluation this may not be precision and confidence in my opinion. .Objectivity : Business Wire(2006, New York) states that objectivity is used for real time processing of complex information, documents and process management, scientific computing and complex defense and security application. And it also says that objectivity also increase the solution based on Data base such as government, telecommunications, internet infrastructure, manufacturing, bio technology, financial services, scientific and IT market. That means in the hypothesis sample which has stated that consumer values and norms and past experience intention in buying towards the organic product were positively influenced which means although price of product un affordable there lots of appealing towards this organic personal care industry hence the research could said it is objective. Generalizability: Lee, Allen S (2003, p.221) states that it is major concern to those who do and use research. It means that the research shows analysis of two products are not applicable to other product categories of organic personal care product and it is also says that there may be needs of further study with diversity of product types to achieve highest generalizability. Parsimony: Maj, S P; Veal, D. (2010, p.3) state that parsimony is used for defining structural knowledge with in field of research. Hence the research is structural and well presented with simple explanation therefore it is parsimony. Aims and Rationale According to bryman and bell (2007) statement should be open and needs to be resulted which should highlighted to be accomplished and then it should reflect the aspiration and expectation of the research topic which will not need to be numbered. He says that after making aims there should be the objectives that needs to achieved aims and objectives of research should be specific task that will accomplish the goal of the project which should be analytical to accomplish that aims. And it should be feasible and focused which means to be addressed the more urgent project to be resulted. Objectives: Here in this article author has made his objective based on examine the US consumer buying behaviour towards the organic personal care product based on theory of plan behaviour which means to analysis the consumer buying behaviours, attitude, values, and norms from the past experience which are being highlighted by the researcher of this article in order accomplish the research aim. That means objectives of research are clearly mentioned above. Questions: Researchers have made their questions targeting to organic shampoos and body lotions. And then question were related to the consumer values, TPB constructs, and consumer past experience which were measured in seven scale. Whereas demographic and socioeconomics were also related. Such as health consciousness, environmental consciousness, appearances consciousness, attitude, subjective norms, perceived behaviour control, past experience and purchase intention with in online survey only few members could have participated and many of them have regression during question and answer because of price being unaffordable. This means has been clearly stated. Hypothesis: Hypothesis was made on the basis of sample of product such as organic body lotion and shampoo in order to evaluate the regression of differences between consumer attitude and consumer intention in between those two products. Data of hypothesis found to be little complicated and bias of organic product. Rationalise: Emly R. (2013) states that Rationale is done before starting the research project. And the rationale is the reason for researcher conducting their research in the first place. The research is based on the awareness of US consumers through the environmental consciousness and here what the different authors say is US consumers activities had an impact on environmental protection. (Kangun et al, 1991).as the green product has been popular in US market the more consumer focused on greener product. (Nimse et al, 2007). Although the green product has earned so much popularity in US market there is only focused on marketing strategy instead of focusing to consumer behaviour so to understand the consumer behaviour the research done on the basis of consumer attitude, intention, values and norms of buying behaviour towards the organic personal care product. Research clarified that if the organic product will not understand consumer behaviour soon the company will be in lose. So the research is based on how the organic product is going to be sustained with in the US market. ((Kim,H ;chung,f, 2012) Design and methodology: Design: AQR (2013) states that The importance of research project that includes factors such qualitative approaches or the sample that is targeted in order to interview or observed, numbers of interviewed, research location, questioners outline, and task and material to be introduced. That means the research is design on the basis developing some questioner based on sample of organic shampoos and body lotions targeted to consumers that uses the organic personal care product were interviewed within US. Out of 202 were responded where 53.5% of them were females and others remaining were 44.3 age male some of them argued their view regarding on environmental consciousness and other respondent positively. And investigation of questioners includes question such as consumers value, norms, TBP constructs and consumer past experience. Such types question was interviewed through the source online panel. Which means it is clearly research clearly designed. Methodology: Tutor India (2010) states that it is the data collecting system for research which may be collected for either theoretical or practical research. Research methodology important factor could be validity of research data. It also says that research methodology is followed by the research design which maid is experimental or theoretical. This mean the researchers conducted online investigation with 207 group of member in California which means multiple regression were used for analysing the data of relationship among the variables. In this research shows verification in each and every term of analysis of the article therefore there is no question regarding through this article. Therefore it can be said the research is methodologically clear at all. Limitation: USC library (2013) states that the data analyses which are directly being impacted by characteristics of design and methodology is limitation of the study which controls generalizability and utility of finding. It is says that the data will be chosen to design the study and method which are used for creating internal and external validity. This mean the research has evaluate no such applicable analysis comparing to other organic product according to the data and it says that to have greater generalizability organic personal care product should have other varieties of product. Finding: AQR(2013) states that The main conclusion of the research project which suggest the project to be indicates or usually refers to the result somewhat the recommendation drawn from. The result of analysis which indicate over all environmental consciousness and appearance consciousness are being positively influenced attitude through the organic personal care product which means according to the data analysis in the research consumer relationship of attitude and intention found to be similar between two product. Hence finding is clear. Conclusion: Over all it can be concluded the research is based on Impact of US consumer activities towards the environmental awareness. Here author has done research in understanding US consumer buying behaviour towards the organic personal care product. Hence over all consumer buying behaviours towards environmental consciousness, appear consciousness and health consciousness are seems to be positively influenced. Consumption organic product care product can be seen that of consumed more by females then male And data analysis shows that evaluation of regression in relation of attitude and intention seems to be similar between two products. Therefore the author seems to be having a successful research of organic personal care Product Company. And also the author have suggested the retailer can have great marketing strategy by focusing on more of ecology of beauty, product safety and by providing affordable prices attracting to the customer towards the buying behaviour through organic personal ca re product.

Saturday, January 18, 2020

An Analysis of Old Major’s Speech: Animal Farm Essay

Having served the Indian Imperial Police in Burma, George Orwell received direct experience with the lower-class of society. After joining the Republican forces in the Spanish Civil War he grew critical of the communists, and later he fought the communists in Spain, himself. This was the reason he wrote Animal Farm: to illustrate the dangers that communism, implemented in a harsh way, often led to. In this way, it could be classified as satire, i. e.on the corruption of the Russian revolution, not on communism itself. He wrote it as an anthropomorphic allegory, that is to say that the story of the Russian Revolution was written with the characters being animals rather than humans, and that it was not telling the story literally, rather it was figurative. In my opinion, this was done to engage the reader more fully and to bypass any stereotypes the reader may have about any one of the real-life characters. Out of these characters, Old Major of the Animal Farm represents Karl Marx who can be considered â€Å"the father of communist ideology† and of whom â€Å"Marxism† was named after. In the same way, Old Major was the â€Å"father of animalism† and he was the first one to articulate its ideas. Old Major’s name could be described as an aptonym; both the name he was exhibited with i. e. Willingdon Beauty and the name the animals knew him by i. e. Old Major. The Author uses the stereotype of â€Å"old, experienced and wise, hence highly regarded and respected†. His names represent these ideas: â€Å"Old† signifies age; â€Å"Major† signifies that he is respected due to his age; â€Å"Willingdon† may signify his leadership quality and â€Å"Beauty† signifies another reason he was highly regarded and respected. Due to his age, him being wise and his immense experience, both of which made him unique, the animals would naturally give him authority. He was a â€Å"prize middle white boar† i. e. unique in his appearance, but he was balanced with having â€Å"a wise and benevolent appearance†. This balance is the reason he engendered such respect that the animals would lose an hour of sleep to listen to his speech. Although his elderliness is being emphasised by him being â€Å"12 years old†, the author goes on to say that â€Å"he was still a majestic looking pig, with a wise and benevolent appearance in spite of the fact that his tushes were never cut†. The fact that his tushes were never cut yet there was still a majestic look on him, indicates that he was unique and his appearance was true, not artificial. During Old Major’s speech, he was not only a person of honour, but he is placed in a position of honour. He places himself on â€Å"a raised platform, under a lantern†, in a place of importance for the animals i.e. the barn, above the other animals, singling himself above the others and giving himself the authority he needed. In addition to this, he was there before any other animal, giving them the impression of promptness and strengthening their awareness of the graveness of the topic he was about to speak about. He took all these measures in order that he would have as much authority in the eyes of the other animals, as it would take so that it would make it impossible for the others to oppose him during the speech. It was night time: the animals were exhausted from their work and this was intensified by the fact that they were missing sleep. The threats of Mr Jones had disappeared and it was the ideal time for the animals to reflect on the reasons for their misery. Old Major had chosen the best time. The fact that they were tired may have made it even more likely for them to submit to Old Major’s view on their lives and his solutions to their problems. It would be natural for them to accept his conclusions given the circumstances they were in and the authority he had. Old Major waited till the animals were all present and silent. This also alludes to the importance of the topic he was going to talk about since it was his intention for all the animals to know about it and to give it their ultimate commitment. This was the importance of the occasion. One of the main components of his speech was the dream he claimed he had. In the eyes of the animals, Old Major, due to his high standing amongst them, was totally trustworthy and truthful. Hence the fact that he claimed he had learnt a song that was sung by the ancient animals, and which had been long forgotten, a song which appealed to their innermost cores, linked him up with superior powers in the eyes of the animals. In this manner, the dream led the animals to putting all their trust in Old Major’s ideas, since he was, in their eyes, impossible to be contradicted. With this in mind, the animals naturally fell â€Å"into the wildest excitement† upon Old Major’s recitation of the song. It threw hope into their hearts for change, made them wishful of the future and inspired them to work for the rebellion. It was also Old Major’s experience which made his dream impossible to contradict: he was unique amongst them due to his vast experience, something which no other animal on the farm could compete with, and it was based on this that he made his predictions of the future. A feature of the speech, which was arguably one of the most effective in terms of persuasion of the animals, was Old Major’s use of inclusive language i. e. language which included and united the audience i. e. the animals. He uses this technique throughout the speech, but the effect is emphasised in the 5th and 6th paragraphs. In the 5th paragraph, after mentioning the enemy, man, he justifies his conclusion about them citing the fact that man is incapable of doing the work animals do. Old Major declares about man, â€Å"he does not give milk, he does not lay eggs, he is too weak to pull the plough, he cannot run fast enough to catch the rabbits†. By mentioning this, he is not only illustrating the superiority of animal over man, but he is also engaging the animals in making them proud of what they do as opposed to men. Old Major does not confine himself to speaking (generally), rather he chooses to speak directly to each animal, capturing their fullest engagement with rhetorical questions on subjects of utmost concern for them. He emphasises the corruption of man with regards to these matters. This ultimately leads to the animals anger and outrage at the humans, further uniting them against man. He says, â€Å"You cows†¦ how many thousands of gallon of milk have you given during the last year? And what has happened to that milk which should have been breeding up sturdy calves? Every drop of it has gone down the throats of our enemies†. He repeats this with regards to the hens, † And you hens, how many eggs have you laid this year, and how many of those eggs ever hatched into chickens? â€Å". He even singles out Clover reminding her of the fate of her foals who were all sold. He emphasises his uniqueness in that he was allowed to reach his age, he uses himself as the ideal model and describes his life as â€Å"the natural life of a pig†. He highlights the fate of the porkers, saying â€Å"you will scream your lives at the block within a year†. He mentions Boxer, who was described earlier on in the text as â€Å"as strong as any two ordinary horses put together†, and describes his ultimate fate to be with the knackers who will kill him for the fox-hounds. As I have illustrated, Old Major combines inclusive language, rhetorical questions on issues of utmost concern for the audience, such as the horrors Mr Jones had prepared for their death.

Friday, January 10, 2020

Baseball Essay Topics: the Ultimate Convenience!

Baseball Essay Topics: the Ultimate Convenience! Now baseball caps can be found in a lot of styles and colours. All in all of the baseball business started to thrive. Interesting truth about baseball. The absolute most important baseball competition. Baseball has ever been a place people appear to turn to in times of need. People simply have to be reminded. They love making the time to plan a trip to a game of their favorite team. If you're going to initiate a game, you better make sure you receive all the men and women you demand. There's no point if one selects a topic that isn't even understandable. The huge talk on baseball at the present time is the steroid issue. True love, to put it differently. Baseball Essay Topics Options Hitting a baseball also needs a high degree of hand-eye coordination. Batters step until the plate. A Easton bat is among the lightest bats utilized for softball, letting the batter to acquire her hands out faster for the pitch. Bats made from scandium aluminum are definitely the most popular today. The previous 150 years have observed many critical adjustments to the baseball bat, and the plan of the bat proceeds to evolve. In the National League, the pitcher is needed to bat, per the standard rules. Softball players have quicker reaction time because of the simple fact that there is not as much friction on the area and a pitcher is far closer. There are a lot of well-known baseball players which were established from such a little team and eventually made it to the important league. Baseball Essay Topics for Dummies Baseball continues to have a wide effect on popular culture, both in america and elsewhere. Ball selection proved to be a crucial strategy and a crucial advantage of home-field advantage. In the period following the war, the 2 leagues enjoyed a long duration of growth. Following this event, lots of baseball teams began to form all over america. It is one of the most popular sports in the United States of America, and continues to gain popularity across the world for the exciting sport it is. It's said that baseball was played with diverse variations of the game since the 18th century in various places throughout the nation. What You Can Do About Baseball Essay Topics Beginning in the Next Eight Minutes Despite your involvement in the game, you would like to compose a fantastic essay on baseball to acquire a great mark. If you know nothing about baseball, this is the main portion of the task for you. There are quite a lot of stories connected with the introduction of the baseball. At the start of the essay, it is logical to tell what baseball is. Things You Should Know About Baseball Essay Topics Baseball has existed for a while now but is still among the mo st beloved games in todays sports world. It is a game that embodies the American spirit. As it happens, the actual history of baseball is a bit more complicated than the Doubleday legend. The actual history of baseball is really a bit complicated, and the genuine originsremain uncertain. The Lost Secret of Baseball Essay Topics Undoubtedly, the simplicity of obtaining a basketball game started is a significant component in making it more popular. There's no coin flip to ascertain who receives the ball first in sudden death overtime. The players aren't gathered along an offensive line or elbow-to-elbow below a basket. In fact, seeing your favourite player wearing their uniforms is a remarkable feeling already. After receiving the undertaking, you understand what it is you're likely to write about. Always make sure to take a look at the review my essay section of any writing service website you're contemplating using. Describe some tasks that you've accomplished over the last two years with no connection to academic studies. In a nutshell, the service exists, so should you wish to use it in order to find a top essay, that's reason enough.

Thursday, January 2, 2020

Professionalism in Forensics Computing - Free Essay Example

Sample details Pages: 10 Words: 3046 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Case study Did you like this example? Professionalism in Forensics Computing For the first time following the case of Jones v Kaney [UKSC 2011, 13] experts are open to being challenged under the tort of negligence for their work. Discuss the case and its implications of risk for forensics or security experts involved in the investigation and presentation of findings within the legal process. à ¢Ã¢â€š ¬Ã…“Expert witnesses lose 400-year-old immunityà ¢Ã¢â€š ¬Ã‚  [1]Lawgazette.co.uk. This title appeared in the Law Society Gazette on March 30th 2011 following a Supreme Court decision in Jones v Kaney ([2011] UKSC 13) abolishing expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ immunity from suit. Don’t waste time! Our writers will create an original "Professionalism in Forensics Computing" essay for you Create order The immunity of expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ have been challenged a number of times, most of which occurred after the case of Hall v Simons ([2000] UKHL 38) [2]where advocatesà ¢Ã¢â€š ¬Ã¢â€ž ¢ immunity has been abolished. It has been questioned whether expert witnesses should be treated the same as the witnesses of facts, and whether the immunity is necessary. The case of Jones v Kaney (2011) considered a dispute over an expert witness service provided by Dr Kaney to the court in personal injury case which also considered Mr. Jones. In that case, the claimant was involved in road accident causing him physical and psychiatric injuries. His solicitor has then instructed Dr Kaney to advise the court about the (psychiatric) health condition of the claimant. In her initial report she stated that the victim suffered from Post-Traumatic Stress Disorder (PTSD). The other side raised an objection on the basis that the expert witness hired on behalf of the insurance company acknowle dged that it may only have been exaggeration by Mr Jones which may or may not have been conscious. After the raised dispute, the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ were instructed to hold a discussion, which took place in November 2005. It was then held in the form of the joint statement signed by the both parties that Kaney agreed that the psychiatric injury that Jones has suffered was not PTSD, but only an adjustment reaction. She has also suggested that he might, in purpose, give the experts incorrect information. When Kaney was asked for reasoning of her indecisiveness she explained that she felt to be under the pressure of agreeing to the document and that it did not exactly represent her view. Whilst being interviewed she upheld that Jones suffered from PTSD however it was no longer relevant after the joint statement was signed. Her actions have weakened Jonesà ¢Ã¢â€š ¬Ã¢â€ž ¢ claim significantly, and subsequently, the personal injury claim was settled outside the court roo m.[3] Jones issued a claim for professional negligence against Kaney in respect of a road traffic case which had to be settled for considerably lesser amount due to Kaneyà ¢Ã¢â€š ¬Ã¢â€ž ¢s change of her expert witness statement. He argued that à ¢Ã¢â€š ¬Ã…“It was alleged (but not proved, because the case proceeded as a strike out application on assumed facts) that she had negligently agreed the terms of a joint statement with the opposing expert without seeing her opponentà ¢Ã¢â€š ¬Ã¢â€ž ¢s report, under pressure to sign and despite the fact that it did not truly reflect her viewà ¢Ã¢â€š ¬Ã‚  https://www.kchgardensquare.co.uk/[4] Although Kanye did try to strike out on the basis that Stanton v Callaghan 1998 case upheld that the expert witness may not be sued for negligence when preparing the joint statement, a certificate under section 12 of the Administration of Justice Act 1969 was granted (in the high court) allowing Jones to go straight through Supreme Court. The appeal was heard in January 2011 by 7 judges, which by majority (5/7) allowed the appeal which at the same time meant overruling the Stanton v Callaghan 1998. It also meant that the immunity from suite for expert witness is abolished by the decision of the Supreme Court. The majority decision considered that it was up to the Kaney to justify why the immunity from the suite should be upheld. It was a concern for the judges whether the joint statement should remain immune from the suit. Lord Phillips expressed his surprise that the immunity from the suite in regards to the expert witnesses have not yet been challenged. He noted that the immunity was first upheld in Cutler v Dixon (1585) before the tort of negligence was hardly developed. Lord Phillip stated that the expertsà ¢Ã¢â€š ¬Ã¢â€ž ¢ witnesses are benefiting the court voluntary and doing so for the payment. He felt that abolishing the immunity from suit would not impact the evidence giving at court, even though it will b e possible to suit them for negligence. He notes that the aspect of giving the evidence at could will be looked upon differently, however it should not discourage expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ from giving their testimony at court. Lord Phillips comment the decision of Hall v Simons (2001) to be incorrect in the respect that it failed to distinguish between the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ and witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ of facts. He states that the expert witness besides of having a duty to serve the court, also have a binding contract agreement with the client. At this occasion he states that the expert witnesses are more like advocates in the respect of having a duty to the court and the client. It is in his opinion that removing the immunity from the advocates has not lead to any decrease of such professionals performing their duty. He then concluded that there was no justification to uphold the immunity for breach of duty and should therefore be abolished. Lord Br own has added that the abolishing the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ will impact the quality of the services provided positively and so that it will limit the experts to give exactly what they were asked for to avoid embarrassment. This was to be due establishing initially by the experts whether their client case is not too high, or inflexible. Lord Collins has also added that it will give the client the right to retrieve appropriate remedy for insufficient services provided by the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢. Lastly Lord Kerr adds that there should be no fear about changing the decision from the original if such need is required. As long as it is held truthfully and there are strong grounds to do so. On the other side, there were 2 judges that were voting to uphold the decision to maintain the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ immunity from being suit. Lord Hope and Lady Hale felt not to be in the position of removing the à ¢Ã¢â€š ¬Ã…“long standingà ¢Ã¢â€š ¬Ã‚  immunity, and they have expressed that it should be up to the consideration of the Law Commission and Parliament and not the Supreme Court at all. Lord Hope expressed that the immunity was in place for the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ to come and give their testimony voluntarily without being in fear of being suit by the employing party. It was his concern that removing the immunity was one way process and without the legislation it will not be possible to overrule the decision. His fears are that the decision will destabilise the protection give to witnesses in general. Lord Hope disagrees with the concept of getting a remedy for what has been done wrong because of the impact it will have on expertsà ¢Ã¢â€š ¬Ã¢â€ž ¢ work. He establishes a potential problem that derives from the decision, namely how to amend the decision to allow the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ be suite under the negligence but not for defamation. He pointed out that the roles of advocates and expert witnesses differ and therefore cannot be compared. Lady Hale was concerned about the consequences of the decision. She pointed than rather than changing their original submission, the expert witnesses will be more likely to confirm the original decision, even if they believed it is wrong, in order to prevent being suit for the negligence. This may have substantially impact the duty to court and the reliability on which the court has to base the decision. She concluded stating that the decision was irresponsible in the context of law, and the decision should not be made by the judges but the legislative body. Historically the immunity for the expert witnesses was first establishedin Curtler v Dixon (1585). Originally immunity from suite was known as an absolute privilege to all the parties that took part in the legal proceeding, and was also recognised (Dawkins v Rokeby (1873)LR 8 QB 255)[5], and was later clarified in the form of immunity from suit(Hargreaves v Bretherton [1 959] 1QB 45)[6]. The justifications, as stated in Darker v Chief Constable of the West Midlands Police [2001] 1 AC 435[7] for immunity of witnesses in general stated: To protect witnesses who have given evidence in good faith from being harassed and vexed by unjustified claims. To encourage honest and well meaning persons to assist justice. To secure that the witness will speak freely and fearlessly.[8] What is more appealing to the expert witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢ immunity is the case of Stanton v Callaghan [1998]EWCA Civ 1176 (which was overruled by Jones v Kaney). The case has upheld that immunity had protected Callaghan who was accused for breach of retainer and negligence. It must be mentioned at this point that Jones have not suit Kaney on the basis that she changed her decision à ¢Ã¢â€š ¬Ã¢â‚¬Å" which is allowed by the Civil Procedure rule Part 35(para 2.5)[9], if there are reasonable grounds to do so. Jones has accused Kaney of being negligent by signing a document because of the outside pressures. Furthermore she has not seen the opposing party expertà ¢Ã¢â€š ¬Ã¢â€ž ¢s report, the joint statement did not set out what were her reflections and still, she has signed it. Once the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ immunity from suit was abolished, the case returned to High Court. There were a number of risks that was carried with the overruling decision some of which were expressed by Lord Hope and Lady Hale. The identified risks was decrease in the truthfulness on the expert witness side because rather than changing their original decision and exposing themselves with a possibility of being suite, it would be rather easier to go with what has been already submitted. There was a possibility in the decrease of the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ willing to take part in the trail from the fear and the pressure that was put upon the expert witnesses. On the same level, there is a problem in regards to the difference between the negligence and defamation. The dfference between the two terms is very thin however these are still two completely different terms. Defamation refers directly to the words spoken, and is more sophisticated word for à ¢Ã¢â€š ¬Ã…“lyingà ¢Ã¢â€š ¬Ã‚ . It is defamation when the person is not telling the truth, the information given was hearsay and the words have harmed or caused a loss to an individual. Whereas the negli gence is neither intentional, nor planned but may have cause some type of injury. It is therefore unclear as to where the border line draws, although only the immunity for being suit for negligence has been abolished. Some of the judges have also mentioned the Civil Procedure Rules that applies to this case. There is a specifically designed part in the CPR that relates directly to the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢, CPR Part 35 and accompanying supplement which is directed to the reports. CPR Part 35 setà ¢Ã¢â€š ¬Ã¢â€ž ¢s out the rules for the advocates and the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ as to the correctness of information, duties in court, requirements for the expert witness report, single joint experts and so on. It is important that the Justice system provides such professional with guidelines which should be followed when serving the court. Some may argue that if an individual will apply the guidelines into the investigation and presentation process, it is s afe to say that the negligence would not apply. However it must be remembered that the negligence is the unconscious act, and therefore there is no guarantee that that the expert will be completely safe. Besides of CPR which outlines the correctness of the report, and the structure that is applied when the expert witness is hired, there is also an ACPO guideline. The ACPO guides the experts whose job is to investigate a case with 4 principles which should have been maintained at all times. à ¢Ã¢â€š ¬Ã…“No data should be changed, the data may only be changed if it is a necessity, an audit of trail must be kept at all times, and person in charge is responsible for the evidenceà ¢Ã¢â€š ¬Ã‚ . Although I is not directly relevant to the negligence claims being allowed, if at least the two guidelines were applied to the investigation and the person himself, it would substantially decrease the chance of being negligent at any stage of the investigation or presentation. Unfortuna tely, in reality these are only the guidelines for the expert witness. The drawback of it is that it does not give the individual guarantee to not be suit. For this reason it may be that the experts will apply what I refer to as à ¢Ã¢â€š ¬Ã…“minimalist approachà ¢Ã¢â€š ¬Ã‚ . What I mean about the minimalist approach is that the investigation for the case will be kept to the bare minimum to decrease any chances of being negligent at any stage of investigation/presentation. This may also impact the amount of information provided by the expert witnesses, because they only perform the tasks they were specifically asked to perform. The drawback may be enormous. Because the experts are only performing to the minimal standards set out by the client, the information provided back will also be minimal. If this would influence the amount of work which may now decrease due to fear of being suit, it may be possible to observe the success rate of the convictions which have employed expert witness. Moreover, on top of what has already been discussed, there are a number of factors that may impact individual experts, and their opinion. In my opinion the most common factor will be the additional stress that lies upon the experts, to pedantically apply to the procedures and rules in order not to leave any chances of being suit. A pressure, which made Dr Kaney sign the joint statement will now be even more affecting the experts and their opinion. Although there are a number of risks associated with the abolition of the immunity from being suite, there are also potential benefits that may serve the court as well as the client. It is now on behalf of the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ to ensure the best quality of service is provided. This includes assessing the data/information more carefully and providing the parties with the more accurate statements and balanced reasoning. On the client side, it provides an assurance policy that if the expert was neglect at any stage of the trail; it gives the possibility to seek the remedy. It is now clear what was the reasoning behind the overruling the decision which was upheld in Stanton v Callaghan ([1998]EWCA Civ 1176) and the impact it had on the forensic and security expert witnesses. The question now is, why was the decision overruled, abolishing the experts immunity from being suit after 400 years. Well, Lord Phillips give us an indication of why it might have been. At the time the immunity was established (1585) the tort of law negligence was not much developed. It was assumed for a number of years that the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ had to be correct about their proceedings and testimonies, only in the late 19th century it started to be questioned. However the immunity was upheld for another 100 years. It was then challenged a lot more frequently as society got more educated and mishaps were discovered. Abolishing the immunity as described during the Jones v Kaney was a à ¢Ã¢â€š ¬Ã… “healthy developmentà ¢Ã¢â€š ¬Ã‚ [10], which was directed to refresh the legal system in this domain. One may argue that the decision was reasonable. It provided the client with the assurance of being able to suit the expert witness for his negligence. A number of cases up until this point have tried and not succeeded in this area, making the expert witnesses untouchable even if there was a clear evidence of his negligent behaviour. On the other hand it may be argued that the decision was not reasonable, and as Lady Hale has pointed out, was not up to the Supreme Court to decide on such important and long lasted legislation. It has opened up a new broad area not only in expert witness field but also in witness of facts. Moreover it has to be distinguished between the negligence and defamation. One of the arguments that cannot be argued is that the decision was in benefit for the public interest. The only concern may be an opening floodgate for negligent claims regarding t he expert witnesses. The final point to be made in this article is the analysis of the risks balancing benefits and whether abolishing the immunity was for better or for the worst? It must be considered that the abolition of the immunity was challenged by 7 judges out of which 5 voted to remove it, and so it was. The rationale behind it was that the world has moved on since 1585 and a number of things have changed. One of the major impacts was the technological advancement that took place over the last 50 years. In regards to the forensics and security experts this causes a lot of issues to follow the most recent technological trends, know all the software and devices that has to be investigated, and it keeps changing on a day-to-day basis. This have made it harder to proceed with established procedures and chances for negligent action is fairly high as compared to, for example the medicine. On the benefit side it must be considered that it has been abolished for the public interest, giving the clients more manoeuvring space when it comes to negligence by the expert that was hired. It must be concluded that the risks are balancing the benefits and there are people that support the idea and those that are opposite. The importance now, is that the immunity has been abolished and every efforts needs to be put in by the expert witnessesà ¢Ã¢â€š ¬Ã¢â€ž ¢ to make sure to comply with the rules, regulations and the guidelines set by the governing body. It must be remembered at all times that the law is designed to benefit the experts giving them a number of tools, which if followed correctly will not cause issues. Word Count: 2994 Page | 1 [1] https://www.lawgazette.co.uk/59804.article [2] Link do sprawy [3] High Court decision, paras. 4à ¢Ã¢â€š ¬Ã¢â‚¬Å"5 [4] https://www.kchgardensquare.co.uk/userfiles/files/KCHGS-JonesvKaney.pdf [5] [6] [7] [8] [9] https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part35/pd_part35#IDAXKD2 [10]