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Imposters & confidence tricksters

13 June 2019 / Mark Solon
Issue: 7844 / Categories: Features , Profession , Expert Witness
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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

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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
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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
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