Chris Makin’s Recent Blog Posts

When Your SJE Gives The “Wrong” Answer

Posted on 9th November 2022 by Chris Makin

The Single Joint Expert (SJE) was developed by Lord Wolf in his Access to Justice, and has featured in the Civil Procedure Rules ever since they were launched. The SJE is very popular with the courts, and no wonder. For example, where there is need to value the family business where a clean break is […]

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Is There No Limit To The Powers Of Mediation?

Posted on 28th September 2022 by Chris Makin

A few years ago we saw the funeral of brave Alfie Evans, the terminally ill little boy of 23 months who died despite a campaign to have him treated in Italy, supported by no less an advocate than the Pope, and whose parents had taken his case right up to the European Court of Human […]

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Who Writes Your Expert Reports?

Posted on 21st September 2022 by Chris Makin

A silly question, I know, but let’s persevere. It is a rock-solid principle of litigation that the expert must be independent, and that their opinions must be their own.  The leading case is Whitehouse -v- Jordan [1980] UKHL 12, where Lord Wilberforce said:  “The report of the expert must be, and be seen to be, […]

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Expert Meeting? Leave Well Alone!

Posted on 14th September 2022 by Chris Makin

You, dear readers, will be aware from past articles of my recurring theme with experts: choose them with care, choose them early, instruct them fully, and then let them get on with the job.  In particular, choose experts who are not only outstanding in their main profession, but who also have become proficient in their […]

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 Forensic Accountants In Matrimonial Cases

Posted on 30th June 2022 by Chris Makin

I receive many requests for help in family cases, often several times a week, typically from the wife who considers that her husband is not making full and correct disclosure of his financial affairs.  What am I able to do to help them?  This is a personal note setting out my understanding of the position, […]

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If You Need To Change Your Expert… 

Posted on 15th June 2022 by Chris Makin

In litigation, the relationship between the expert and the instructing solicitor is an important one.  I have preached in many previous articles about the need to choose your expert with care, and not to tell the trainee to get the cheapest at the latest possible date but choose yourself an expert who is both excellent […]

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Don’t Overlook Expert Determination!

Posted on 25th May 2022 by Chris Makin

I am a chartered accountant who was for some years in general practice, but for many years now I have practised exclusively as a forensic accountant, expert witness, commercial mediator and expert determiner.  So, having spent many years with lawyers in courtrooms giving expert evidence, I can take a semi-independent view of disputes and their […]

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The CPR And CrimPR Rules For Experts Really Do Matter

Posted on 11th April 2022 by Chris Makin

This is a morality tale, with some examples of expert witness disasters that were the fault of those who should have known better. First, in the case of R -v- Steven Sulley & Ors, eight defendants were accused of fraud in selling voluntary carbon credits (me neither).  Investigations were carried out by the Metropolitan Police, […]

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The Expert Witness – A Brief History

Posted on 28th March 2022 by Chris Makin

This is a brief history of the expert witness’s involvement in litigation in recent years.  It may help you litigators to brief your experts effectively.  As an expert, I am “plugged in” to the process only at certain stages, so don’t expect me to know all the ins and outs of case management.  I will […]

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It Really Hurts When You’re Wrong

Posted on 28th February 2022 by Chris Makin

Why do sensible people lose the ability to act rationally when they are in conflict? What makes some families tear themselves apart in petty squabbles so that family members don’t speak to each other for years? Why do neighbours blight their daily lives with bitter and confrontational disputes? And how can otherwise placid people become […]

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