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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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