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23 March 2012 / Mark Solon
Issue: 7506 / Categories: Features , Expert Witness
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Reality check

Mark Solon provides a reminder of the expert’s duty of truth to the court

At the beginning of this month, the Crown Prosecution Service (CPS) confirmed that it is examining the case of seven expert witnesses, who allegedly repeatedly misled the court as to the value of prestige replacement hire cars.

Where a driver is not at fault for an accident, they may be entitled under their insurance to claim an equivalent car while their own is being repaired, and the witnesses were employed by now defunct Autofocus to assess and report on the true value of those cars to insurance companies.

It is alleged that the quotes provided by Autofocus were often much lower than their competitors, and those quotes were often used by insurance companies in court to back claims that competitor credit hire companies were overcharging them.

Dishonest statements

Two years ago the chief executive of credit hire rival Accident Exchange, Steve Evans, successfully brought a claim against Autofocus researcher Helen Whysall, who admitted dishonest statements in four cases and

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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