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

24 November 2023
Issue: 8050 / Categories: Legal News , Profession , Expert Witness
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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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