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11 April 2018
Issue: 7788 / Categories: Legal News
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Experts on trial: lessons from R v Pabon

Lawyers need to be careful when selecting experts, following the ‘damaging and unfortunately amusing cross-examination at the retrial’ of an expert in the LIBOR-rigging trial, Bond Solon founder Mark Solon writes in this week’s NLJ.

Solon said experts must be ‘appropriate to the issues in dispute and have training in the basics of law and procedure as relevant to experts and their duties’.

He recounts the shenanigans of Saul Haydon Rowe, expert witness in the case, whose conduct was the sole focus of the appeal in R v Pabon [2018] EWCA Crim 420.

Rowe, who was paid £400,000 for his evidence, had not worked as a trader since 2000. As Lord Justice Gross said: ‘He had never worked as an interest rate derivatives trader, a cash desk trader or a LIBOR submitter and appeared to have no direct knowledge of the LIBOR submission process.’

However, this did not stop him giving evidence. He also sent texts and emails discussing the evidence despite being warned by the judge not to.

Issue: 7788 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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