NLJ this week: Expert fare—instructions overseas, waivers of privilege & scrutiny of businesses

First up, forensic accountant Rakesh Kapila, principal at Sim Kapila, Chartered Accountants, advises that expert accountants should always check the reliability of evidence in disputes involving businesses. Kapila offers advice on scrutiny and corroboration, including avoiding ‘seeking irrelevant information through “fishing expeditions”’.

Next, Dr Chris Pamplin, editor of the UK Register of Expert Witnesses, explains why the rules governing the waiver of privilege over instructions to experts is frequently misunderstood. He highlights that ‘legal professional privilege is a jealously guarded concept, and the court will, in most cases, be reluctant to order disclosure.’ Pamplin covers relevant caselaw on mistaken disclosure.

Completing the expert special, Mark Solon, chairman, Wilmington Legal, and founder, Bond Solon, presents a checklist on how to direct experts instructed in overseas cases. Solon’s article is jam-packed with useful advice. He advises careful consideration of the terms and conditions, insurance, timetabling, language and procedure in the destination jurisdiction, required format of the report, and much more.