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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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