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28 October 2022
Issue: 8000 / Categories: Legal News , Profession , Expert Witness
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NLJ this week: Choose your expert & no improper influence

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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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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