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Article
Publication date: 1 August 2002

Neil Crosby, John Murdoch and Anthony Lavers

This paper addresses the performance, training and organisation of expert valuation witnesses in the UK. Previous research, based on analysis of professional negligence cases in…

1845

Abstract

This paper addresses the performance, training and organisation of expert valuation witnesses in the UK. Previous research, based on analysis of professional negligence cases in the UK courts, had found that expert valuation witnesses do not always perform rationally, for example informing courts that valuations can be undertaken within acceptable tolerances of valuation accuracy, while giving expert evidence that differed by more than these tolerances. There was evidence that, while well aware of their overriding duty to the court or tribunal, expert witnesses were frequently producing client‐biased valuations. Such findings provoked questions as to whether standards would be improved by two recently proposed alterations to current practice: either the introduction of a system of compulsory training and accreditation for such witnesses, or a change from the process by which expert valuation evidence is normally presented (one expert witness for each party to a dispute) to the use of a single expert, appointed either by the parties jointly or by the court. A case analysis is performed and conclusions discussed.

Details

Journal of Property Investment & Finance, vol. 20 no. 4
Type: Research Article
ISSN: 1463-578X

Keywords

Article
Publication date: 16 June 2021

Leam A. Craig

In January 2013, new court procedure rules were introduced in England and Wales, which resulted in significant changes to the instruction of expert witness psychologists…

Abstract

Purpose

In January 2013, new court procedure rules were introduced in England and Wales, which resulted in significant changes to the instruction of expert witness psychologists (EWPsychs). This study aims to build on the results of previous survey studies of psychologists working as expert witnesses in identifying the current challenges faced by EWPsychs.

Design/methodology/approach

Using a mixed-methods design, a sample 58 practicing psychologist expert witnesses were surveyed, and qualitative data was analysed using a thematic analysis approach.

Findings

Six overarching themes emerged from the online survey data: training and knowledge, changes to procedure rules and Legal Aid Authority fees, quality of reports, pressures to change opinion, conflict with EWPsychs and expert witness feedback. Over a third of psychologists working as expert witness have not received specific expert witness training, with a quarter of respondents indicating that the capped legal aid fees are a determining factor in whether they accept instruction as an expert witness, and almost two-third of respondents believing that the legal aid rates do not accurately reflect the work that they do.

Practical implications

There is clear demand for high-quality EWPsychs and a need to develop expert witness training programmes and guidance documents to better support the next generation of EWPsychs.

Originality/value

These results inform existing policy, clinical practice and guidance documents in supporting psychologists working as expert witnesses.

Article
Publication date: 1 March 1992

Paul Handford and Patrick Ellum

Discusses the importance of the expert witness in constructiondisputes between a building′s owner and the contractor and engineer.Examines the technical issues the judge must…

Abstract

Discusses the importance of the expert witness in construction disputes between a building′s owner and the contractor and engineer. Examines the technical issues the judge must resolve, the things involved in being an expert witness, and the qualities an expert witness should possess. Concludes that the expert witness should have the ability to advise the client, and should leave the team if the evidence cannot assist the client.

Details

Structural Survey, vol. 10 no. 3
Type: Research Article
ISSN: 0263-080X

Keywords

Article
Publication date: 8 June 2012

Gary Sutton

This article seeks to provide an insight into the work of an expert witness working in drug trials in Crown courts.

Abstract

Purpose

This article seeks to provide an insight into the work of an expert witness working in drug trials in Crown courts.

Design/methodology/approach

The approach is a case study of a single expert witness, drawing on experiences over several years.

Findings

The evidence produced in court is subject to the personal limitations and organisational constraints of the experts involved. Prosecution often relies on unreliable and secretive sources. It is important to increase transparency and for a robust challenge to be made to some claims. Many experts are former police officers who are rarely objective or neutral, hence the need for independent experts from within the field.

Research limitations/implications

Personal experience cannot always be generalised so limits the information presented in this case study.

Practical implications

The role of expert witness is a career development opportunity for people working in the drugs and alcohol field.

Social implications

It is important to understand the subjective way in which testimony and evidence is produced.

Originality/value

This paper gives a rare insight into a key aspect of the legal process.

Details

Drugs and Alcohol Today, vol. 12 no. 2
Type: Research Article
ISSN: 1745-9265

Keywords

Article
Publication date: 1 September 1997

Paul Murrells

From 1 March 1997, chartered surveyors acting as expert witnesses must comply with an RICS Practice Statement and Guidance Notes. Failure to do so may constitute a disciplinary…

715

Abstract

From 1 March 1997, chartered surveyors acting as expert witnesses must comply with an RICS Practice Statement and Guidance Notes. Failure to do so may constitute a disciplinary matter. Considers how compliance with the Practice Statement should assist in bringing an earlier resolution of survey claims.

Details

Structural Survey, vol. 15 no. 3
Type: Research Article
ISSN: 0263-080X

Keywords

Content available
Article
Publication date: 1 February 2004

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Abstract

Details

Structural Survey, vol. 22 no. 1
Type: Research Article
ISSN: 0263-080X

Keywords

Content available
Article
Publication date: 1 May 2002

72

Abstract

Details

Structural Survey, vol. 20 no. 2
Type: Research Article
ISSN: 0263-080X

Keywords

Article
Publication date: 1 March 1992

Zabihollah Rezaee, Gerald H. Lander and Thomas A. Gavin

Makes the case for inclusion of forensic accounting in the 150‐houraccounting training role in the USA. Practitioner roles are as fraudexaminer, litigation consultant and expert…

Abstract

Makes the case for inclusion of forensic accounting in the 150‐hour accounting training role in the USA. Practitioner roles are as fraud examiner, litigation consultant and expert witness for which need is expanding and remuneration considerable and stable. Makes detailed recommendations for integrating forensic skills training into the curriculum.

Details

Managerial Auditing Journal, vol. 7 no. 3
Type: Research Article
ISSN: 0268-6902

Keywords

Content available
Article
Publication date: 5 April 2011

186

Abstract

Details

Structural Survey, vol. 29 no. 1
Type: Research Article
ISSN: 0263-080X

Keywords

Article
Publication date: 30 August 2013

Jeanette Van Akkeren, Sherrena Buckby and Kim MacKenzie

The aim of the study is to identify the latest trends in accounting forensic work in Australia by examining how accounting firms that specialise in forensic services meet the…

15334

Abstract

Purpose

The aim of the study is to identify the latest trends in accounting forensic work in Australia by examining how accounting firms that specialise in forensic services meet the needs of their clients, and to inform universities on the appropriate curricula to ensure the knowledge and skills of future graduates meet industry expectations.

Design/methodology/approach

The methodological approach taken in this study was exploratory, and qualitative semi‐structured interviews were the primary data collection instrument used.

Findings

Findings from 32 interviews with Australian practising forensic professionals suggest that these services are broad and complex. Opinions differ widely on the best way forward for this area of the accounting profession. Both work‐based and personal attributes required by practising forensic professionals together with the wide range of complex services offered in Australia are presented in a posited model, providing a unique contribution to international forensic accounting literature. Forensic services firms require strong work‐based skills such as oral and written communication skills, technology and analytical skills, in addition to an accounting qualification, as part of their under‐graduate or post‐graduate degrees.

Practical implications

Perceptions were also that graduates require strong interpersonal skills, enthusiasm, intelligence and the ability to work independently and although this has been reported in the literature previously, findings from this study suggest there is still a deficiency in forensic accounting graduates skill set, particularly in relation to oral and written communication. The lack of an Australian‐based forensic accounting certification was also raised.

Originality/value

Both work‐based skills and personal attributes are presented in a posited model of the Australian forensic accountant, providing a unique contribution to international forensic accounting literature.

Details

Pacific Accounting Review, vol. 25 no. 2
Type: Research Article
ISSN: 0114-0582

Keywords

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