Checklist for Concurrent Expert Evidence

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

Assisting lawyers: preparing expert witnesses to give 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.

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Termination of agency – calculating the compensation

Challenges valuing termination of agency

Termination of Agency

Valuation of Commercial Agencies for Regulation 17

In this blog I explore the challenges when valuing the termination of agency for compensation 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

Compensation for Commercial Agents – new edition

Commercial Agency Agreements: Law and Practice

I am pleased to announce that Bloomsbury Professional has just published the fifth edition of Commercial Agency Agreements: Law and Practice.  I wrote the chapter on the valuation of commercial agents compensation for this edition as well as for the earlier third and fourth editions.

The book examines the standard commercial agency agreement where an agent is self-employed and paid a commission on sales he or she generates for the principal as it is those agents that fall within the UK Regulations.

New cases since the last edition four years ago

As expected, the fifth edition has been updated to include several new cases since the previous edition over four years ago. 

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Chartered Institute of Arbitrators – new appointment

Appointment to Audit and Risk Committee, Chartered Institute of Arbitrators
Charles Lazarevic, appointed to the Audit Committee

Chartered Institute of Arbitrators – Audit and Risk Committee

I am pleased to announce my appointment to CIArb’s Audit and Risk Committee, the world’s leading qualifications and professional body for dispute avoidance and dispute management. 

This appointment to this Committee of the Chartered Institute of Arbitrators builds on my long involvement in dispute resolution as an expert witness, as well as recognising my expertise in corporate governance, auditing and financial reporting.

To learn more about the team and our expertise of dispute resolution and as expert witnesses click here.

To discuss a possible case on a without commitment basis please contact us at: enquiries@veroconsulting.expert or click here.

Charles Lazarevic

10 January 2020

#audit #auditcommittee #financialreporting #ciarb #arbitration #disputes #disputeresolution #internationalarbitration #law

Charles Lazarevic awarded Fraud Accountancy Expert Witness of the Year for 2019

 

Description of the wide range of skills and services provided by Charles Lazarevic, Vero Consulting

Global 100 Award – 2019 – Charles Lazarevic – Vero Consulting

In December Charles was Awarded Fraud Accountancy Expert Witness of the Year 2019 by KMH Media, publishers of M&A Today. This annual Award aims to provides their readership with an understanding of those individuals that are truly leaders within their chosen areas of specialisation.

The Process:

Each individual recognised must receive no less than 21% in votes from the global readership, currently in excess of 293,000 in 163 countries.

 

After the voting process, which follows a very strict format of self-submission and third-party nomination, firms are shortlisted and selected as winners as follows:

 

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Audit forensic accounting finally takes centre stage in audit reforms

Audit failings blamed for collapse

The Conservative Party’s Manifesto set out the party’s aims for audit reform within the following statement: “We are also strengthening the UK’s corporate governance regime, and will reform insolvency rules and the audit regime so that customers and suppliers – and UK taxpayers – are better protected when firms like Thomas Cook go into administration. We will also carefully study the results of the ongoing investigation into its collapse.”

Sir Donald Brydon’s review dated December 2019

On 18 December Sir Donald published his 138-page report into audit reform.  His terms of reference were set by the Government at the beginning of the year and included the ambitious aim of “seeing the UK at the forefront of corporate governance internationally. This includes maintaining a leadership position internationally in terms of the evolution of the audit”.  

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