header-logo header-logo

Lawyers highlight danger of using unsuitable experts

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll