Dubious bill from an expert
I would be grateful for comments on whether there are any fraud or money laundering concerns in the following situation.
As is usual in a fast track or multi-track civil dispute, a single joint expert was appointed to provide the Court with his expert evidence on the matter in dispute. His “expert” report contained many errors, all of which favoured the Defendants, and the Claimant successfully applied to the Court for permission to rely on the evidence of his own expert. The Claimant was a litigant-in-person at the time and did not realise that this changed the status of the single joint expert and he became the Defendants’ expert. The Claimant’s own expert, selected via the Internet, provided a report whose observations were either neutral or in favour of the Claimant. The two experts held a telephone meeting and produced their joint report, in which they concluded that they could not assist the court. The Claimant later succeeded in Court and was awarded his costs on the standard basis. Unfortunately, this usually means that he will receive only about 2/3 of his actual costs from the Defendants.
The Defendants’ expert (the former SJE), although experienced with court procedures, had still billed half of his fee for the experts’ joint meeting to the Claimant. The Claimant, being a litigant-in-person, assumed this was correct and paid it – as well as paying the full fee for his own expert. The Claimant only became aware of this error much later when the Defendants’ Solicitor referred to the change of status, whereupon the Claimant requested a refund of the half fee he had paid to the Defendants’ expert. The Defendants’ expert discussed the Claimant’s request with the Defendants’ Solicitor and then he refused on the grounds that the Claimant’s costs would be addressed by the Court and a refund would only complicate matters. The Defendants’ Solicitor and, almost certainly, the Defendants’ expert would know that only about 2/3 of his fee would usually be recovered by the Claimant. Thus, the total cost to the Defendants of losing the case would be reduced, even if not by a large amount.
The Claimant has been deprived of the expert’s fee for several years and is unlikely to recover all of it. If the expert does not refund his fee, then he does not gain (other than by avoiding the associated administrative tasks) but his clients, the Defendants, do gain.
My own view
My own view, based obviously on limited information, is that there has been no fraud or dishonesty on the part of the former Single Joint Expert with regard to billing his fee. He was initially instructed by both parties on the basis that each would pay half of his fee. He billed in accordance with that agreed initial instruction.
It is for the claimant to recover any funds he is entitled to from the other side on the basis of the court's judgment handed down in the case.
David
The expert's billing instructions
What David says about the Single Joint Expert’s initial instructions is correct. The directions from the allocation hearing, where relevant, stated:
a) The parties shall jointly instruct [an expert] with expertise in [omitted] disputes to give evidence to the Court.
………
f) The fees of the expert shall be paid equally by the parties.
My point was that the expert was no longer jointly instructed after the Court allowed the Claimant to instruct his own expert. He had become the Defendants’ expert, and would thereafter be solely instructed by them. The Defendants’ Solicitor was aware of this and I would expect that, if the Claimant had not been a litigant-in-person, the Claimant's Solicitor would also have been aware of it. I had assumed that the requirement for equal payment of fees by the parties would have lapsed once the expert was no longer jointly instructed.
It may be significant that the Defendants’ expert and their solicitor have not advanced David’s argument about the expert continuing to bill in accordance with the initial instructions. They have, however, followed his second argument of proposing that the Claimant should be left to recover what he can at an assessment hearing.
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All you need is a suspicion
From a ML reporting point all you need is a suspicion that an unlawful act has occurred, if you do you must then report it.
Since you asked the question I guess you must have a suspicion.....