header-logo header-logo

13 June 2019 / Mark Solon
Issue: 7844 / Categories: Features , Profession , Expert Witness
printer mail-detail

Imposters & confidence tricksters

Mark Solon sizes up the risks of making false statements: go directly to jail, do not pass go, & do not collect £350,000

Judge Nicholas Loraine-Smith’s recent decision to close the trial of eight men accused of a £7m carbon credit investment fraud after discovering that expert witness Andrew Ager had no relevant qualifications and had used recycled his witness statements made me choke on my breakfast eggs.

The judge said: ‘Andrew Ager is not an expert of suitable calibre. He had little or no understanding of the duties of an expert. He had received no training and attended no courses. He has no academic qualifications.’ Sadly, he is not alone in the camp of ‘naughty’ experts.

A bundle of mistakes

An expert witness who makes a false statement in a report, without genuinely believing it to be true, can expect the court to commit them to prison for contempt. In Liverpool Victoria Insurance Co Ltd v Zafar [2019] EWCA Civ 392, [2019] All ER (D) 20 (Apr), the Court of Appeal

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll