Chris Makin’s Recent Blog Posts

Don’t overlook expert determination!

Posted on 25th May 2022 by Xpand

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 Xpand

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 Xpand

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 Xpand

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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It’s criminal!

Posted on 18th November 2021 by Xpand

Practitioners need to be aware that the authorities are taking a hard line with those who abuse the courts.  We see this in two recent matters where straightforward personal injury cases turned into very serious criminal proceedings. Interestingly, both of them concern my home town of Huddersfield, though I stress we are not all criminals […]

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Whose Fault – The Expert’s Or The Solicitor’s?

Posted on 27th October 2021 by Xpand

On these pages and in my blogs I have often told lurid stories of expert evidence going wrong, the assumption being that it is the expert who wrecked the case.  But is that always fair, or do you, as instructing solicitor, also bear some responsibility? I respectfully suggest that you do have a duty, particularly […]

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