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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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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