The newsletter of GBRW Expert Witness
Where do expert witnesses come from?
The ideal expert witness works in the relevant sector and has experience of giving evidence. Such individuals are hard to find in our areas of specialisation, since banks and investment management companies discourage staff from doing expert work on their own account (although the insurance sector tends to be more relaxed on this issue).
Most of our experts are therefore working for themselves or in small professional partnerships – giving them flexibility to act as experts while active in their field. We at GBRW Expert Witness are conscious of the need to add new experts to meet changing demands from our clients and we look for a number of qualities in potential candidates:
- Interest level – not everyone wants to appear as an expert witness and some people will refuse point blank.
- Professional experience – the ideal candidate will have worked in a number of organisations, so will have a breadth of experience which enables them to deal with issues where there may be a range of approaches.
The scale of the changes which have taken place is also illustrated by comparing balance sheet figures at December 2017 with those
at December 2008 (the peak of the GFC):
- Ability to present their views clearly – most experts have made oral and written presentations, but this is not a given in areas such as trading or quantitative analysis.
- Other professional activities – consulting assignments and memberships of industry bodies or professional associations are helpful in ensuring that experts are up to date on developments in their sector.
However strong a candidate is professionally, most will not be familiar with the roles and responsibilities of an expert witness (or adviser) and most law firms will have concerns about engaging someone who has not played this role before. We help address this by assisting with research and presentation issues, reviewing draft and final reports and preparing them for experts’ meetings and cross-examination.
Last - and certainly not least - new experts can (subject to acceptance) be covered by our Professional Indemnity insurance until they arrange their own or are eligible for membership of one of the expert witness professional bodies which provide block cover.
GBRW Expert Witness
Anne Miglorine is a trade finance professional with more than 30 years of experience in all aspects of documentary credits and guarantees. She has acted as an expert adviser on a number of trade finance disputes in the past three years.
Anne has managed trade finance departments in a number of international banks in the City. She is a member of the ICC UK Banking Technique and Practice Committee and the ICC Banking Commission in Paris; a member of the Association of Foreign Banks’ Trade Finance Committee from its inception; a former Chair of the ICC UK Sub-Committee for Foreign Banks in the City of London; and UK representative on the Consulting Group for the recent revision of International Standard Banking Practice for the Examination of Documents under Documentary Credits (ISBP 745). She is also an approved expert for DOCDEX (Documentary Credit Dispute Resolution) and has sat on the examination committee for the Institute of Financial Services.