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GBRW Company Profile Finding the Right Expert for Financial Sector Litigation over an extended period - normally enables them to propose one or more candidates whom they consider the best equipped to address specific issues on which expert evidence is required. On occasions, they may suggest using more than one expert where the requirements of the case cannot be covered by a single individual.
Introduction GBRW Expert Witness Limited is an affiliate of GBRW Limited, a consulting company based in the City of London which provides advice on banking, insurance, financial sector and enterprise development issues. This year the company celebrates its twentieth anniversary of expert work in banking, investment management, insurance, stockbroking, derivatives and related litigation.
The group’s consulting activities also enable them to identify potential “new” experts, particularly when recent industry experience is important. These will not appear in the usual expert directories and websites and may require time and professional support to help develop them in the expert role.
Three of GBRW Expert Witness’s directors - Paul Rex, David Croft and Tim Dowlen - are active as experts and their pool of experienced associates is probably the widest in the UK for financial sector cases.
Where individuals have had little or no prior experience, they can be assisted where necessary on research and presentation issues and carry out a detailed critical review of their first draft and final reports. If required, experts can also be helped to prepare for cross-examination.
In the past eight years, their experts have worked on over 400 cases involving civil and criminal court proceedings, arbitrations and mediations in jurisdictions which include England and Wales, Scotland, Australia, Bahamas, Cayman Islands, Dubai, Hong Kong, Ireland, Jersey, New Zealand, Singapore and Sweden.
Contractual Approach When an expert is selected, GBRW Expert Witness signs an engagement letter with the instructing law firm and a matching engagement with the expert concerned. The law firm issues a letter of instruction directly to the expert and communicates directly with him or her from that point. Billing is on an hourly basis, with supporting time records. No charges are for the expert search or for initial discussions – billable time only starts to run once an engagement has been agreed.
Martin Edwards, GBRW Expert Witness’s Director, Asia, is based in Singapore and is responsible for relationships with law firms in the region, especially those in Hong Kong and Singapore. Finding The Right Expert Law firms looking for expert witnesses or advisers in financial sector litigation face a number of challenges: • How to identify the right expert in a specialised discipline
The Management Team Paul Rex oversees GBRW Expert Witness’s activities. He has dealt personally with a range of areas which include lending and approval procedures, trade finance, specialised lending and practices in the syndicated loan market. He has given oral evidence in several cases, most recently in a London Arbitration (2015), IRD v Westpac New Zealand (2009, High Court of New Zealand) and KBC & Bank of Tokyo Mitsubishi UFJ v Ferrero & Others (2009, High Court).
• How to develop a short list of suitable candidates on a discreet basis • How to avoid individual experts “shoe-horning” themselves into roles for which they are not properly equipped • How to assess individuals’ strengths and weaknesses and prior track records GBRW Expert Witness’s experience - as experts themselves and from working with their associates EXPERT WITNESS JOURNAL
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SPRING 2015