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Choose your expert with care!

Posted on 23rd October 2018 by Chris Makin

Sign seen in a Boston Mass shoe repairer’s window: “Fast Service – High Quality – Low Price – choose any two.” Is that how you choose your experts?  I sincerely hope not!  Here are my thoughts and suggestions, as a hard-bitten expert of 30 years’ experience.  I am a chartered accountant so the slant will…

Is it sensible to be nice in business?

Posted on 12th October 2018 by Chris Makin

Attitude to business has changed quite a bit since I first became an accountant.  For the first 20 years or so of my career I was a general practitioner, acting for all sorts of clients: lots of tax return clients, lots of market traders and small family companies, up to some quite large organisations including…

Understanding business accounts – what to look out for

Posted on 25th September 2018 by Chris Makin

Lawyers are good with words, and accountants are good with figures.  What a pity they don’t talk the same language!  Now meet an accountant who is good with words – I have to be, as an experienced expert witness – which means that I must be weak with figures.  True?  Not really!  It’s a pity…

How Many Routes to Resolution?

Posted on 6th September 2018 by Chris Makin

Let me count the ways…  (Elizabeth Barratt Browning, Sonnet 43) Yes, there are many ways of resolving disputes, and it falls to the skilled legal practitioner to choose the right one.  It is no longer the case that going to court is the only way. In criminal cases, court is the almost inevitable route.  But…

Gerroff moy land!

Posted on 17th August 2018 by Chris Makin

Land in the UK is a finite commodity – except on the East Coast for example, where either through natural erosion or a policy of abandoning land to the sea, our small island is growing even smaller – so it is little wonder that arguments over who owns which part of our precious Albion are…

Give us the tools…

Posted on 9th July 2018 by Chris Makin

…and we will do the job. In this case, the job is to value a holding of shares in a private company, and the tools are the details about the company which the valuer needs to be able to perform such valuation.  A recent High Court (Chancery) decision should be helpful. The case is Cosmetic…

How to get best value out of your expert

Posted on 13th June 2018 by Chris Makin

I have gone on alarmingly in the legal press about forensic accountancy, mediation and even expert determination.  Perhaps it is time to talk about experts generally, and about how you litigators can use them to get best value for the benefit of your clients – and your own reputation. The first point to consider is…

But for the Accident…

Posted on 17th May 2018 by Chris Makin

…and some pitfalls to avoid. Liability and causation are matters for lawyers, but there is then the problem of what a claimant could be expected to have earned but for the RTA, the clinical negligence, or the criminally inflicted injury.  Early editions of Kemp & Kemp had a chapter on how to calculate the employed…

Do you really need a forensic accountant?

Posted on 16th May 2018 by Chris Makin

It is said you can see the rubbish on the beach only when the tide goes out.  Similarly, much financial crime is discovered only when a company’s funds have run out.  And in these straitened times, financial crime is more prevalent.  Where normal income dries up, the impecunious but honest individual may ask himself: Who…

How can you really be heard?

Posted on 1st April 2018 by Chris Makin

It is only natural for people to want to be heard, and that is particularly true when they have a dispute. We all know about people having disputes, personal as well as in business.  It’s always the same; we are certain the other side doesn’t care to listen to our well-reasoned arguments, to our cool…

Forensic Accounting

Mediation

Expert Determination

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Court proceedings would have been in neither party’s interests.