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13 April 2018 / Mark Solon
Issue: 7788 / Categories: Features , Expert Witness , Profession
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Out of your depth?

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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

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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