header-logo header-logo

24 November 2023
Issue: 8050 / Categories: Legal News , Profession , Expert Witness
printer mail-detail

NLJ this week: Experts speak on fraudulent trading & the hazards of the dependent expert

147349
In an NLJ expert witness double-bill this week, Mark Solon looks at the way experts work with instructing solicitors and what might compel them to forego their responsibilities to the court, while forensic accountant Rakesh Kapila tackles the financial aspects of fraudulent trading from an expert witness perspective

Solon, solicitor and founder of Bond Solon, which trains expert witnesses, reports that the 2023 Bond Solon expert witness survey ‘produced some disturbing data on the independence of expert witnesses and the way they work with instructing solicitors’.

He reveals all, in this instructive article, and explains the vital importance of retaining independence. He warns: ‘There have been many cases where the credibility of the expert has been demolished… with dire consequences.’

What are the giveaway signs of fraudulent trading? Kapila, principal at Sim Kapila, explains the different types of fraudulent trading and what information should be examined as well as other issues that should be taken into consideration.

He writes: ‘Although it may be relatively easy to prove criminal intent at one end of the spectrum, the position of defendants is less clear-cut in situations in which a business has found itself in difficulties resulting from an unrealistic business plan or from a “slide” into insolvency.’

MOVERS & SHAKERS

Clarke Willmott—Kevin Joynes & Neil Gosling

Clarke Willmott—Kevin Joynes & Neil Gosling

Clarke Willmott bolsters housebuilder expertise in Birmingham

Carpmaels & Ransford—Kevin Cordina

Carpmaels & Ransford—Kevin Cordina

Firm adds former Simmons Simmons patent head to engineering and tech team

ACTAPS—Sally Goodger

ACTAPS—Sally Goodger

Freeths strengthens its voice in national disputes with ACTAPS committee appointment

NEWS
Murder could be split into first and second degrees, under Law Commission proposals for a historic overhaul of homicide offences
Prime Minister Keir Starmer’s Australian-style ban on social media for under-16s will be difficult to enforce, lawyers have warned
One in two women in law say their current working pattern is unsustainable for their long-term health, according to a report by the Next 100 Years project
The Legal Services Board (LSB) has highlighted a lack of safeguards where people use artificial intelligence (AI) tools to help with legal problems
Irwin Mitchell partner Adrian Budgen, a specialist in mesothelioma cases, has been awarded the OBE in the King’s Birthday Honours List
back-to-top-scroll