header-logo header-logo

11 September 2009 / Mike Pilgrem
Issue: 7384 / Categories: Features , Expert Witness
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll