Chris Makin’s Recent Blog Posts
When Experts Pay For Their Failings – However…
You may have read lots of articles and blogs from me about inadequate or incompetent experts, and having an expert who doesn’t know his job doesn’t help your case. There are often costs consequences, a strident example being Patricia Andrews & Ors -v- Kronospan Ltd [2022] EWHC 479 which I discuss at length in my […]
Aggressive Experts – What’s The Problem?
I’ve been reading again the case of Siegel -v- Pummell [2015] EWHC 195 (QB). The facts are simple. Mr Siegel was injured in a motor accident, and Mr Pummell (think about it!) admitted liability. There was a trial on quantum and Mr Siegel succeeded in securing a reasonable amount, but he claimed his costs on […]
Experts – A Miscellany
If you have read my previous articles in this publication, much of what follows will be familiar. But please read on, because I have tried to set out briefly, and after many years of bitter experience as an expert, some helpful comments and guidance for experts and those – you – who instruct them. 1 […]
When The Experts’ Meeting Goes Wrong
“It is ordered that the experts of like experience shall liaise, and shall produce a joint statement, setting out those matters on which they are agreed, and those matters on which they have failed to reach agreement, and their reasons for not so agreeing.” This is fairly standard wording in civil cases. In criminal cases the […]
Avoid The Iffy Claims
Some months ago I wrote about the case of Liverpool Victoria Insurance Company Ltd -v- Dr Asef Zafar [2019] EWCA Civ 392 which concerned a fraudulent claim by a taxi driver, in my home town of Huddersfield (though we are not all criminals here!). You can read about it on my blog. A medical expert had […]
When Your SJE Gives The “Wrong” Answer
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 […]
Is There No Limit To The Powers Of Mediation?
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 […]
Who Writes Your Expert Reports?
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, […]
Expert Meeting? Leave Well Alone!
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 […]
Forensic Accountants In Matrimonial Cases
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, […]