Checklist for Expert Witness Concurrent Expert Evidence

Expert Witness Concurrent Expert Evidence
Expert’s giving concurrent expert evidence

I have prepared a checklist for lawyers to consider when instructing experts to give concurrent expert evidence (commonly called “hot tubbing”) in court or at an arbitration. This guidance is based on my experience of giving concurrent expert evidence in arbitrations and in court.

Checklist:

• Always remember – the expert witness’s overriding duty is to assist the court/tribunal with their expertise.

• Draft the expert report in the knowledge that the judge/arbitrator may invite the expert with the apparently superior knowledge or more controversial position to take the lead in presenting the expert evidence.

Read More

The challenges when valuing a commercial agency

Valuing a commercial agency on termination

Termination of Agency

Termination of Agency

In this blog is shall explore the challenges when valuing a commercial agency using a recent reported case to illustrates these difficulties. Compensation is payable by a principal to a commercial agent by Regulation 17 (2) of the Commercial Agents (Council Directive) Regulations 1993 (“the Regulations”).

The Regulations define a commercial agent as a “self employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of their principal or to negotiate and conclude such transactions on behalf of and in the name of that principal”. 

In this blog I use the Software Incubator case, for which I wrote expert reports and provided oral evidence in court, to illustrates some of the difficulties in estimating the profitability of the agency before assessing the compensation due. Read More

Is the Lands Tribunal demanding more persuasive business valuation evidence?

Compensation is payable following compulsory purchase of land and businesses

Major UK infrastructure projects require compensation for compulsory purchase of land and businesses

I recently attended Francis Taylor Building’s annual compulsory purchase legal update seminar.  Richard Glover QC chaired the afternoon seminar and presented the session on business extinguishment compensation, which was a philosophical but highly thought provoking look at the Lands Tribunal’s latest business loss compensation decision, a case in which I gave evidence.   

Filling in the evidential gaps

Intriguingly he started by describing recent research by Peter Carruthers (http://tiny.cc/no-conscious-thought), a Professor of Philosophy, who concludes that judgments, decisions, intentions and goals are not tied to sensory experiences and never figure in working memory or become conscious. Professor Carruthers points out that we only ever recognise our decision-making from what does become conscious, such as visual imagery and the words we hear ourselves say in our heads.  As such, Carruthers concludes that conscious thought, judgment and volition are all illusions.

Read More

Charles Lazarevic appointed Treasurer of the British Friends of Harvard Business School

Charles Lazarevic, appointed Treasurer

We are pleased to announce Charles’ appointment as Treasurer of this charity and to the Investment Committee.  Over the last year he has reorganised the charity’s administration and investments in line with current governance requirements.

This UK registered charity was set up in 1991 to raise scholarship funds to enable less well-off British students to attend HBS as well as to facilitate donations to the School.  

The Charity also recently appointed Sir Harpal Kumar to serve as Chair from 1 January 2020.  He succeeds Sir Bruno Schroder and Sir Cyril Taylor as the two most recent Chairmen.

Currently about 5 scholarships are awarded annually to enable British students with a financial need to attend this world-leading business school, drawn mainly from those working in the UK public or not-for-profit sectors.  The scholarships are awarded in conjunction with the prestigious US-UK Fulbright Commission.  All recipients have to commit to returning to the UK at the end of their 2-years MBA studies to use their knowledge to help grow and develop British institutions and businesses.

Further details are available at: www.bfhbs.org.