header-logo header-logo

05 June 2019
Issue: 7843 / Categories: Legal News , Expert Witness
printer mail-detail

Lawyers highlight danger of using unsuitable experts

Lawyers have highlighted the dangers of using unsuitable experts, after a multi-million-pound fraud trial collapsed at Southwark Crown Court

Judge Nicholas Loraine-Smith closed the trial of eight men accused of a £7m carbon credit investment fraud after discovering expert witness Andrew Ager had no relevant qualifications and had recycled his witness statements from evidence he gave at other trials.

Ager is reported to have acted as an expert witness for the prosecution in at least 20 cases.

Mark Solon, co-founder of Bond Solon, which trains expert witnesses, said: ‘It may be that Ager was used merely because he had been used in the past but he continued to make the same mistakes, but with greater and greater confidence.

‘This was not noticed until the defence teams attacked his credibility and all was revealed in some excellent cross examination.’

Daniel Burbeary, partner at Cooke, Young & Keidan, said: ‘The credibility of factual and expert witnesses in complex fraud cases has suffered in recent years and cases like this one certainly don’t help.

‘Even when the factual witness or expert is doing their best to tell the truth, the heavy involvement of legal teams in preparing witness statements or expert reports can be detrimental to the process, and as a result, the content can sometimes be a far cry from the unbiased factual or opinion evidence that the court or tribunal is seeking in order to determine the facts in issue in the proceedings. However, changes such as a new working group looking to potentially reform the current system in civil litigation means we could see some of the current problems in the system being addressed in due course.’

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll