Chris Makin’s Blog Posts about ‘Litigation’

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

Has your expert still not been in the hot tub yet?

Posted on 9th March 2018 by Chris Makin

We in the litigation industry have talked for some time about hot tubbing, an idea which Lord Justice Jackson hoped we might adopt.  In fact, the first blog I posted in 2012 on what was then my new website was on this very subject.  It even included a picture of me and a couple of young […]

Read more

Is your expert dual qualified?

Posted on 2nd February 2018 by Chris Makin

…or, like the car in the picture, will your case come a cropper when your expert “struts his stuff” at trial? In the old days, a reasonably competent chartered accountant could feel quite comfortable giving expert evidence at trial, without special training, and without feeling that one needed to be a member of that exalted […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

Excellent service, thanks for sorting this out.