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NLJ this week: Choose your expert & no improper influence

28 October 2022
Issue: 8000 / Categories: Legal News , Profession , Expert Witness
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In an expert witness double-bill this week in NLJ, Mark Solon, founder of Bond Solon, warns of the perils of improper influence, recounting some cautionary tales in the form of recent caselaw.

There are professional risks for experts should they ignore the rules (and the client’s case may also be jeopardised), so why do people continue to do it? As Solon points out, experts ‘risk their reputation and credibility’ and may find themselves named in the judgment!

Solon writes: ‘It sounds basic, but the duty of the expert is to the court and not the paying party. The opinion must not be influenced by the lawyers and be seen not to be influenced.’

Forensic accountant Rakesh Kapila considers the issues at stake when deciding whether or not to hire a forensic accountant, and who to choose. He sets out examples of where they would be required and offers nuggets of advice on what to look for when considering the best expert for the job.

Kapila reminds NLJ readers: ‘The choice of a forensic accountant may make a significant difference to the outcome of a case and it is therefore important that a specialist with the right attributes and level of expertise is selected.’

See Mark Solon's article on improper influence here, and Rakesh Kapila on forensic accountants here.

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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