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Lawyers highlight danger of using unsuitable experts

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

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Leading patent litigator joins intellectual property team

NEWS
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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