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11 September 2009 / Mike Pilgrem
Issue: 7384 / Categories: Features , Expert Witness
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Agree to disagree

Mike Pilgrem gets to the nub of disagreements between experts

When parties with a commercial dispute head for the courts, they may each instruct a financial expert—an accountant, business valuer or economist—to act as a witness on their behalf. Those experts often disagree, but the question is: why?

It is a question that is asked by the financial experts themselves, the litigators and, if things do not settle, the court. Some might simply assume that the experts have succumbed to the pressures of litigation. In my experience as a British accountant, the answers reached by the people directly involved in the process rarely support that view. When they do, this inevitably comes to the court’s attention and is reflected in the outcome.
When one financial expert is provided with an expert report to the court from another the key questions are: “Do we disagree? If so, why?” First, headline conclusions are identified, and then analysed to see what is underpinning them. Each explicit or implicit assumption will be identified and its source, nature and basis

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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