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This practical perspective explains mediation in the context of civil commercial disputes. The general principles may also be applicable to international arbitration disputes.
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Dispute resolution can be both a time consuming and expensive process. A way of increasing its efficiency is through the meeting of experts, where the party-appointed experts meet to identify areas where they agree, discuss points of disagreement and narrow the issues requiring further consideration.
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Members of ICAEW’s Forensic & Expert Witness Community may often be called upon to value a business in a contentious situation. This practical perspective provides a checklist of matters to be considered.
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Guidance on the procedure of concurrent expert evidence, aimed at providing an insight into this procedure and the role of the forensic accountant as expert witness and/or adviser.
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The Crim PR imposes clear duties directly on those giving expert evidence. These duties include ten key rules about the material and information that must be set out in the body of the report. Failure to address these ten rules will place the report in breach of the Crim PR rules and thereby potentially vulnerable to a submission that it is inadmissible as expert evidence.
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Insight into this dispute resolution process and the role of the forensic accountant as expert witness or adviser.
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Expert determination is a private (confidential) dispute resolution method. This practical perspective provides an insight into this process and the role of the forensic accountant as expert witness or adviser.
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While the obligations regarding disclosure fall primarily on the prosecution authority (principally the Serious Fraud Office, the Crown Prosecution Service and HM Revenue and Customs), it is imperative that ICAEW members are aware (at least in summary form) of those obligations.
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Best practice relating to the management of a forensic case and file organisation.
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To ensure that litigation between parties is resolved justly, it will often be necessary for each party to be able to inspect documents which are in the control of another party. English law has always recognised that parties to a dispute should be required to disclose the existence of documents relevant to the matter in question.