Preliminary (pre-report) experts’ meetings Preliminary (pre-report) experts’ meetings

Preliminary (pre-report) experts’ meetings

Experts, in particular medical experts, are likely to be familiar with experts’ discussions that take place after the exchange of reports. This...
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...
Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531 Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531

Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531

This case is about whether the judge erred in finding that Ms Soophia Khan had capacity to defend proceedings for contempt of court. This is an...
Thomas Murray Joins EWI as a Corporate Partner Thomas Murray Joins EWI as a Corporate Partner

Thomas Murray Joins EWI as a Corporate Partner

We are pleased to welcome a new Corporate Partner
Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat) Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat)

Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat)

The judge in this patent case found that the claimants’ gene therapy expert had developed, quite possibly guided by lawyers, the understanding...
Celebrating Success at the Sir Michael Davies Lecture Celebrating Success at the Sir Michael Davies Lecture

Celebrating Success at the Sir Michael Davies Lecture

Successful Certification candidates receive their certificate from Lord Hodge.
Independence, bias and conflicts of interest Independence, bias and conflicts of interest

Independence, bias and conflicts of interest

Hon Mr Justice Trower provides invaluable guidance for Expert Witnesses at the 2024 the Sir Michael Davies lecture.
Podcast Episode 5: Range of Opinion Podcast Episode 5: Range of Opinion

Podcast Episode 5: Range of Opinion

Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee,...
A Day in the Life of a Water Quality Expert A Day in the Life of a Water Quality Expert

A Day in the Life of a Water Quality Expert

Tim White is a chartered chemist who uses his expertise to assess chemical risk from exposure to water. He has been an Expert Witness for over 40...
Podcast Episode 4: Expert Fees Podcast Episode 4: Expert Fees

Podcast Episode 4: Expert Fees

Simon and Sean discuss expert fees and catch up with Dominic Woodhouse from Partners in Costs to talk about cost management and budgeting in civil...
A Day in the Life of a Fitted Kitchen and Bathroom Expert A Day in the Life of a Fitted Kitchen and Bathroom Expert

A Day in the Life of a Fitted Kitchen and Bathroom Expert

Jerry Ponder uses his 40+ years of experience in fitted interiors to provide expert evidence on the design, product quality, installation and project...
Podcast Episode 3: Single Joint Expert Podcast Episode 3: Single Joint Expert

Podcast Episode 3: Single Joint Expert

Simon and Sean discuss Single Joint Experts and catch up with two EWI members who act as Single Joint Experts to hear about their experiences, the...

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 1239

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.