Chris Makin’s Recent Blog Posts

Border Wars

Posted on 15th September 2021 by Xpand

I have banged on for ages about the stupidity of going to law over border disputes.  And I’m not talking about Russia invading the Crimea, or China’s campaign to take over Taiwan.  No, much closer to home, I have in mind the passions which can be aroused when next-door neighbours argue over where exactly the […]

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An expert warning

Posted on 9th September 2021 by Xpand

Don’t let an ill-chosen expert spoil all your good work. Experienced expert witness Chris Makin offers a checklist of experts to avoid. In appointing an expert witness, the first question you should ask is whether this person spends all their time as an expert witness. If so, proceed with caution. A retired medical professional who […]

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Post-Nominals – do they matter?

Posted on 16th July 2021 by Chris Makin

This is a moral tale about your choice of expert. A little while ago, I wrote about Andrew Ager, an “expert” appointed by the CPS to give evidence at the trial of some men accused of the sale of voluntary carbon credits (me neither!).  His incompetence, lack of experience and malpractice were quite breathtaking, causing […]

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Can you challenge an expert determination?

Posted on 26th May 2021 by Xpand

About a year ago, I wrote an article “Is an Expert Determination always the final answer?” – in which I explain how difficult it is for a party to a dispute settled by Expert Determination to challenge the expert’s decision.  Here is an update. I am keen that ED is used for many kinds of […]

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There really is an alternative

Posted on 6th May 2021 by Chris Makin

Blood is thicker than water, and a happy family is a wonderful power for good.  Those contemplating legacies to their loved ones will still have rosy memories of the baby twins, the nephews and nieces when young, of dangling a new-born on the knee…wonderful! But when the family falls out, blood curdles and that power […]

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Beware Conflicts of Interest

Posted on 29th April 2021 by Chris Makin

As I write this, David Cameron is getting into increasing difficulties over his relationship with the failed financier Lex Greensill, there are problems over senior civil servants having paid jobs in the private sector, and even Matt Hancock has problems over his family connections with a firm which provided PPE to the NHS.  And then […]

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Is your expert an amateur?

Posted on 2nd February 2021 by Chris Makin

In a recent edition of Update, the magazine of The Academy of Experts, Merryck Lowe, a forensic partner at BDO, wrote this: “There was a time when a reasonably competent professional accountant could feel comfortable if called upon to give ‘occasional’ evidence to our Courts, without further training or experience and without feeling that only […]

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Can your expert truly sign the Statement of Truth?

Posted on 21st December 2020 by Chris Makin

An expert’s report under CPR must conclude with the Expert’s Declaration stating that the expert knows his duty to the court and has complied with that duty.  There must then be a Statement of Truth, which used to say: I confirm that I have made clear which facts and matters referred to in this report […]

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Are you an unfit director?

Posted on 10th December 2020 by Chris Makin

Relax!  This article has nothing to do with Joe Wicks, fitness regimes, personal training, or how Madonna maintains her eternal youth.  It considers the expectation that company directors shall carry out their duties responsibly, meaning that they must have regard not just to the interests of themselves or their company, but also to what might […]

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When lawyers wreck their case

Posted on 9th November 2020 by Chris Makin

In recent blogs I have gone on at some length about inadequate “experts”, and the damage they can do to your carefully prepared case.  Think of Prof Sir Roy Meadow, probably the most notorious example, the proponent of “Meadow’s Law” (one cot death is unfortunate, two are suspicious, three are murder) who pretended to be […]

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We felt that you had a most reassuring and controlled approach to the issues. A party from a Chris Makin mediation