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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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