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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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