Chris Makin’s Blog Posts about ‘Litigation’

Expert Meeting? Leave Well Alone!

Posted on 14th September 2022 by Chris Makin

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 […]

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If You Need To Change Your Expert… 

Posted on 15th June 2022 by Chris Makin

In litigation, the relationship between the expert and the instructing solicitor is an important one.  I have preached in many previous articles about the need to choose your expert with care, and not to tell the trainee to get the cheapest at the latest possible date but choose yourself an expert who is both excellent […]

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The CPR And CrimPR Rules For Experts Really Do Matter

Posted on 11th April 2022 by Chris Makin

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 Chris Makin

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’s Criminal!

Posted on 18th November 2021 by Chris Makin

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 Chris Makin

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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An Expert Warning

Posted on 9th September 2021 by Chris Makin

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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Beware Conflicts Of Interest

Posted on 29th April 2021 by Chris Makin

As I write this, David Cameron is getting into increasing difficulties over his relationship with the failed financier Lex Greensill, there are problems over senior civil servants having paid jobs in the private sector, and even Matt Hancock has problems over his family connections with a firm which provided PPE to the NHS.  And then […]

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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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We felt that you had a most reassuring and controlled approach to the issues.