Changes to Statement of Truth for CPR expert witnesses

New wording for Expert Witness’s Statement of Truth

Charles Lazarevic - forensic accountant

Charles Lazarevic – Changes to CPR

A reminder to all solicitors that are currently instructing expert witnesses under CPR that from today PD35, paragraph 3.3 requires experts to include the following additional sentence in their Statement of Truth:

“I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

The new wording reflects the seriousness with which courts view any false statements contained in a written report and follows the Court of Appeal’s guidance on dealing with such situations (not just for expert witnesses) following the decision in Liverpool Victoria Insurance Co.Ltd v Zafar [2019]EWCA Civ 392 to give the expert a suspended sentence.  Dr Zafar had included information in his report at the request of his instructing solicitors that directly contradicted his actual findings on examination of the claimant and included an opinion on prognosis suggested by the solicitor.

The Court of Appeal decision discusses the appropriate sentence at some length and concludes that a prison term of no less than 12 months would have been appropriate in such situations and that it should be served immediately.

Presumably this additional wording will be introduced for Family Court or Criminal Court cases in due course.

This is a timely reminder to those that need forensic accountancy evidence that my firm chose “Vero Consulting” for its title to emphasise that truth forms the foundation for all our work.  If you would like to discuss the implications of this change to CPR, please let me know.

Charles Lazarevic

1 October 2020

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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