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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
back-to-top-scroll