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1 – 10 of over 10000Neil 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…
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.
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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.
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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.
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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.
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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…
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.
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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.
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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…
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.
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