Chris Makin’s Blog Posts about ‘Litigation’

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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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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Family Matters

Posted on 5th December 2019 by Chris Makin

Accountants are into everything, aren’t they?  And that is especially true when things go wrong.  In these blogs you will have read (I hope) about how an accountant can act as expert in commercial litigation, can act as mediator in commercial disputes and much else besides, can investigate fraud, and can trace and quantify the […]

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Choose your expert with care!

Posted on 23rd October 2018 by Chris Makin

A 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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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