Article published: 6 October 2025
There has been some publicity about a recent case, JSC Privatbank v Kolomoisky, in which past judicial criticism of an expert were raised, suggesting among other things that experts have a duty to disclose such criticism. Less attention has been paid to the issues that led to the expert’s problems being aired in court.
The expert concerned was a fellow of ICAEW at the time of writing his reports but it transpired that by the time of the hearing he no longer was and more importantly his membership had been ‘Cessated’ and he had been the subject of a severe reprimand in relation to two disciplinary matters in 2023. None of this information had been disclosed to the other side or to the court.
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