Chris Makin’s Blog Posts about ‘Expert Determination’
Don’t overlook expert determination!
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 […]
Can You Challenge An Expert Determination?
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 […]
Expert Determination – What’s New?
As a chartered accountant (FCA) who practises exclusively in legal matters – forensic accountant, expert witness, mediator, expert determiner – my experience is that expert determination (ED) is considered by litigation lawyers too infrequently. Of course, it is common practice for company sale/purchase contracts and the like to include a dispute resolution clause (DRC), but […]
Is An Expert Determination Always The Final Answer?
In previous articles I have written about How Many Routes to Resolution, the number of ways in which disputes may be resolved. One such route is expert determination (“ED”) which, in my experience, is not used often enough except in dispute resolution clauses in share purchase/sale agreements. ED allows the parties to choose an expert […]
Expert Determination – Is It Alternate Dispute Resolution?
When framing the Civil Procedure Rules, Lord Woolf had the clear intention of encouraging parties in dispute to go away and settle their differences, perhaps with the help of trained professionals. We see this in CPR Part 1 – The Overriding Objective: 1.4(1) The court must further the overriding objective by actively managing cases. […]