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Imposters & confidence tricksters

13 June 2019 / Mark Solon
Issue: 7844 / Categories: Features , Profession , Expert Witness
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Mark Solon sizes up the risks of making false statements: go directly to jail, do not pass go, & do not collect £350,000

Judge Nicholas Loraine-Smith’s recent decision to close the trial of eight men accused of a £7m carbon credit investment fraud after discovering that expert witness Andrew Ager had no relevant qualifications and had used recycled his witness statements made me choke on my breakfast eggs.

The judge said: ‘Andrew Ager is not an expert of suitable calibre. He had little or no understanding of the duties of an expert. He had received no training and attended no courses. He has no academic qualifications.’ Sadly, he is not alone in the camp of ‘naughty’ experts.

A bundle of mistakes

An expert witness who makes a false statement in a report, without genuinely believing it to be true, can expect the court to commit them to prison for contempt. In Liverpool Victoria Insurance Co Ltd v Zafar [2019] EWCA Civ 392, [2019] All ER (D) 20 (Apr), the Court of Appeal

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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