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24 November 2023
Issue: 8050 / Categories: Legal News , Profession , Expert Witness
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NLJ this week: Experts speak on fraudulent trading & the hazards of the dependent expert

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In an NLJ expert witness double-bill this week, Mark Solon looks at the way experts work with instructing solicitors and what might compel them to forego their responsibilities to the court, while forensic accountant Rakesh Kapila tackles the financial aspects of fraudulent trading from an expert witness perspective

Solon, solicitor and founder of Bond Solon, which trains expert witnesses, reports that the 2023 Bond Solon expert witness survey ‘produced some disturbing data on the independence of expert witnesses and the way they work with instructing solicitors’.

He reveals all, in this instructive article, and explains the vital importance of retaining independence. He warns: ‘There have been many cases where the credibility of the expert has been demolished… with dire consequences.’

What are the giveaway signs of fraudulent trading? Kapila, principal at Sim Kapila, explains the different types of fraudulent trading and what information should be examined as well as other issues that should be taken into consideration.

He writes: ‘Although it may be relatively easy to prove criminal intent at one end of the spectrum, the position of defendants is less clear-cut in situations in which a business has found itself in difficulties resulting from an unrealistic business plan or from a “slide” into insolvency.’

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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