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05 June 2019
Issue: 7843 / Categories: Legal News , Expert Witness
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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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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