JXX v Scott Archibald [2025] EWHC 69 (SCCO) JXX v Scott Archibald [2025] EWHC 69 (SCCO)

JXX v Scott Archibald [2025] EWHC 69 (SCCO)

In considering whether the claimant should be required to provide a breakdown of expert and medical agency fees, the judge decided to offer the...
Call for evidence: Use of evidence generated by software in criminal proceedings Call for evidence: Use of evidence generated by software in criminal proceedings

Call for evidence: Use of evidence generated by software in criminal proceedings

The Ministry of Justice has published a call for evidence on the use of evidence generated by software in criminal proceedings. The call for...
Consent – post-Montgomery Consent – post-Montgomery

Consent – post-Montgomery

Although this is a dental/maxillofacial negligence case, it is of importance for all healthcare experts instructed in cases where consent may be an...
A demonstrably incapable and incompetent witness who was not fit to have been put forward... A demonstrably incapable and incompetent witness who was not fit to have been put forward...

A demonstrably incapable and incompetent witness who was not fit to have been put forward...

For surveyor experts, this case illustrates some very basic errors and it may therefore also be a useful case for expert surveyor witness training....
A Day in the Life of an Emergency Medicine Expert Witness A Day in the Life of an Emergency Medicine Expert Witness

A Day in the Life of an Emergency Medicine Expert Witness

Colin Holburn is an EWI fellow, governor and founding member. A consultant in accident and emergency medicine, he has been practising as an Expert...
Government Response on Revisions to the Medical  Reporting Process for Road  Traffic... Government Response on Revisions to the Medical Reporting Process for Road Traffic...

Government Response on Revisions to the Medical Reporting Process for Road Traffic...

The Government has published its response to the consultation it ran from 18 July to 10 October 2023 on 'Revisions to the Medical Reporting...
Podcast Episode 8: Re-evaluating your opinion Podcast Episode 8: Re-evaluating your opinion

Podcast Episode 8: Re-evaluating your opinion

In the 8th episode of the Expert Matters Podcast, we discuss re-evaluating your opinion. We look at possible reasons why you might wish to re-evaluate...
Family Court reporting pilot to be extended nationally Family Court reporting pilot to be extended nationally

Family Court reporting pilot to be extended nationally

The Family Procedure Rule Committee has approved a proposal to roll-out the family court reporting pilot nationally, through changes to the Family...
Podcast Episode 7: Review of 2024 Podcast Episode 7: Review of 2024

Podcast Episode 7: Review of 2024

In the last podcast for 2024, we look back at the ten key issues for expert witnesses that we've seen over the course of 2024, and highlight the...
Day in the Life of a Financial Expert Day in the Life of a Financial Expert

Day in the Life of a Financial Expert

Uwe Wystup is a practitioner in the field of foreign exchange options, as well as a senior academic, trainer, and judge. He is the founder of...
Podcast Episode 6: In Conversation with Giles Eyre Podcast Episode 6: In Conversation with Giles Eyre

Podcast Episode 6: In Conversation with Giles Eyre

In the 6th Episode of the Expert Matters Podcast, Simon talks with retired Barrister and expert witness trainer, Giles Eyre, who is retiring as an EWI...
A Day in the Life of a Medicolegal Expert Witness A Day in the Life of a Medicolegal Expert Witness

A Day in the Life of a Medicolegal Expert Witness

Sue Lightman is a Professor of Ophthalmology and Consultant Ophthalmologist who has been undertaking medicolegal Expert Witness work for over 20...

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.

A day in the life of a Forensic Accountant
Priya Vaidya 1402

A day in the life of a Forensic Accountant

byPriya Vaidya

Forensic accountants are qualified experienced accountants who are Experts in analytical investigation with the ability to explain complex accountancy, taxation and related matters simply to a Court or Tribunal.   A good forensic accountant will have the level of knowledge of their own discipline that allows them to speak with authority on every aspect relevant to a particular case with confidence, clarity and authority based on personal up to date experience.  In written or oral evidence they must demonstrate a good knowledge of the relevant procedural rules (CPR 35, Crim. PR 33, Family Procedure, etc) and produce their opinion impartiality to assist the Court whether acting as a Party expert or a single Joint expert.  This is a minimum standard for an accountant to be accredited as fit to give evidence. 

 

Established forensic accountants have work referred to them by solicitors, Judges, institutions and others based on their reputation for earlier case work.  It is difficult to break into this stream of work and usually low value cases as a loss leader or working with others as assistants in the larger accountancy and boutique practices is the best way to get live case experience as well as courses and training.  There are wannabe experts everywhere doing investigations into fraud, valuations for divorces, tax enquiries, Local Authority teams or Court Martial work but without training in giving expert evidence they are not attractive as part of a litigation team as an expert. 

 

Challenges face established experts in the current climate due to decreased margins, reduced rates and cuts in the Legal Aid LSC budget although international work has not been affected by this cost cutting.  The need to use more flexible but totally confidential staff or contractors and the greater involvement of forensic computer teams affect data gathering, evaluation and management.  It is no longer enough to be a good accountant with great analytical skills and common sense who is technically up to date in CPD with relevant experience to a case referral but now the forensic accountant must be prepared to work overnight, at weekends, with less staff and for less than half normal rates without being paid for several months.   

 

The new system at the LSC is problematic with a very slow approval of fee quotes, giving shorter lead times on assignments, which can only start after the LSC letter is issued, leading directly to staff overtime and tight Court deadlines with poorer quality data as there is less time to make third party enquiries.  Frequently approved time is so reduced on criminal quotes that the pool of suitable accountants willing to undertake the work is substantially reduced. 

 

Evert practicing forensic accountant needs to maintain a balance in their practice between defence and prosecution work as an expert witness, expert determinations, single joint instructions and actually undertaking accountancy and tax assignments and training to keep up to date with current practice and accounting standards.  Forensic accountants are being driven towards specific types of instructions and in the future it would seem the boutique forms combining different experts under one roof with synergies in practice costs would be the best solution as a “club” of qualified experts rather like a Barrister’s chambers.   

 

Single independent experts do have the advantage of rarely having conflicts that are rife when part of a large accountancy practice but they carry a greater risk of being sued after Jones v Kaney and higher individual costs such as increased PII cover.  Occasional experts without proper Expert Witness training run the highest risks of all and put the reputation of good experts in jeopardy, it should be remembered that it is a privilege to give opinion evidence that should not be abused. 

 

Forensic accountancy practice is changing under the impact of reduced LSC budgets, the rise of mediation and increased reliance on IT and computer forensic techniques.  It is still a very useful role and although forensic accountants can be seen as an unnecessary cost in a case there is no doubt that they add value especially in the early stages as part of a litigation team and at trial in  explaining complex issues for the Courts and tribunals - if utilised properly.  Don’t forget that it took an accountant to catch Al Capone! 

Share

Print
Comments are only visible to subscribers.