header-logo header-logo

13 April 2018 / Mark Solon
Issue: 7788 / Categories: Features , Expert Witness , Profession
printer mail-detail

Out of your depth?

nlj_7788_solon

When will they ever learn? Mark Solon shares some expert advice for experts in the dock

Yet again experts need to learn that their duty is to the court and that they must stay within the area of their expertise, Gross LJ said this in the judgment in R v Pabon [2018] EWCA Crim 420, [2018] All ER (D) 114 (Mar) Court of Appeal, Criminal Division last month. He went on to say the sole test for the Court of Appeal when deciding whether to allow or dismiss an appeal against conviction is whether that conviction is unsafe. Pabon’s appeal was dismissed but there are lessons for experts and lawyers.

The appellant, Alex Pabon, together with a number of co-defendants, faced a count of conspiracy to defraud, alleging that they dishonestly rigged LIBOR. Few had heard of LIBOR before the case thinking it perhaps a mispronounced opposition political party but it is vital in the pricing of money. Gross LJ helpfully explained the term LIBOR for the uninitiated: ‘LIBOR is the shorthand for the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll