Chris Makin’s Blog Posts about ‘Litigation’

Is this the worst expert witness ever?

Posted on 31st January 2018 by Chris Makin

CPR 35 and the family and criminal equivalents are quite clear: the expert has an overriding duty to the court, irrespective of who instructs them or by whom they are paid.  That seems quite straightforward, and the vast majority of experts (including me, I fervently hope!) are very careful to meet such requirements. But for […]

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The Sturm und Drang of Partnerships

Posted on 30th January 2018 by Chris Makin

“Partnership is the relation which subsists between persons carrying on a business in common with a view of profit.” – Partnership Act 1890, Section 1(1).  Sounds easy, doesn’t it?  A group of like-minded people putting all their skills and enthusiasms into running an enterprise – a legal practice, say – and sharing the fruits of […]

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Do you need an expert in hot tubs?

Posted on 5th October 2017 by Chris Makin

Silly question, I know, but you more alert litigators will recognise that I’m talking about concurrent evidence.  Now, you may think “hot-tubbing” means having a couple of experts in a Jacuzzi, or being boiled alive in a missionary pot.  Not so; but either way, it’s likely to make your experts sweat unless they are very […]

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Expert Accountants – When Should You Use One To Estimate Loss Of Earnings?

Posted on 11th July 2017 by Chris Makin

The answer in a nutshell is when professional experience is required to assist the Court to understand a party’s financial affairs. Kemp & Kemp, excellent in many ways, used to deal only very briefly with loss of income for the self-employed, the member of a family business, and the senior executive whose pay and benefits […]

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I was very impressed by the way this case was resolved.