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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll