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NLJ this week: Choose your expert & no improper influence

28 October 2022
Issue: 8000 / Categories: Legal News , Profession , Expert Witness
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In an expert witness double-bill this week in NLJ, Mark Solon, founder of Bond Solon, warns of the perils of improper influence, recounting some cautionary tales in the form of recent caselaw.

There are professional risks for experts should they ignore the rules (and the client’s case may also be jeopardised), so why do people continue to do it? As Solon points out, experts ‘risk their reputation and credibility’ and may find themselves named in the judgment!

Solon writes: ‘It sounds basic, but the duty of the expert is to the court and not the paying party. The opinion must not be influenced by the lawyers and be seen not to be influenced.’

Forensic accountant Rakesh Kapila considers the issues at stake when deciding whether or not to hire a forensic accountant, and who to choose. He sets out examples of where they would be required and offers nuggets of advice on what to look for when considering the best expert for the job.

Kapila reminds NLJ readers: ‘The choice of a forensic accountant may make a significant difference to the outcome of a case and it is therefore important that a specialist with the right attributes and level of expertise is selected.’

See Mark Solon's article on improper influence here, and Rakesh Kapila on forensic accountants here.

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
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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