Take care not to conflate your role as a contractor with your duties as an expert witness Take care not to conflate your role as a contractor with your duties as an expert witness

Take care not to conflate your role as a contractor with your duties as an expert witness

The parties disagreed on the extent of the repairs required to the joists, and the manner in which the repairs should be effected, following the...
Podcast Episode 26: Expert Advisor versus Expert Witness Podcast Episode 26: Expert Advisor versus Expert Witness

Podcast Episode 26: Expert Advisor versus Expert Witness

This month, on the Expert Matters Podcast, we take a look at the issues and challenges of being an expert advisor versus an expert witness, and...
Help us map those working in the UK as Expert Witnesses Help us map those working in the UK as Expert Witnesses

Help us map those working in the UK as Expert Witnesses

Have your say in this important research and be in with a chance of winning £200 in vouchers of your choice.

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Peter Marples & Ors v Secretary of State for Education [2025] EWHC 2794 (Ch)
Sean Mosby 1402

Peter Marples & Ors v Secretary of State for Education [2025] EWHC 2794 (Ch)

bySean Mosby

 

Summary

The Claimants brought an action against the Defendant, the Secretary of State for Education, for negligence and misfeasance in public office, relating to the actions of the Skills Funding Agency (‘SFA’), for which the Defendant is responsible. The Claimants alleged that the acts of SFA prevented them from selling their business for around £27 million, plus a lost chance of converting around £10 million in rollover loan notes.

The Defendant issued an application to revoke the Claimants’ permission to rely upon their forensic accounting expert evidence, because it had become clear that one of the Claimants, who was a trained accountant, had had significant secret involvement in the preparation of the expert’s report and the Joint Statement.

Learning points

  • Disclose any potential conflicts of interest to your instructing party and set them out in your report. If the potential conflict is sufficiently serious, consider declining instructions.

  • Include the instructing solicitors in any communications you make with the client.

  • Do not permit the client or the instructing solicitors to interfere inappropriately in the preparation of your evidence, including reports, responses to questions from the parties, and joint statements.

  • In the exceptional circumstances where there is intervention in the Joint Statement, it should be done openly and be transparent to the parties and the Court.

  • If you think the opposing party or their instructing solicitors have been inappropriately involved in the preparation of the opposing expert’s report or the Joint Statement, bring the matter to the attention of your instructing party.

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.