October 20th, 2016



Nick Rollings


The Insolvency Practitioner as an Expert Witness

Mike recently chaired a session for the ICAEW Insolvency & Restructuring Group Annual Conference titled “The Insolvency Practitioner as an Expert Witness”, the panel for which comprised Leading Counsel together with other Insolvency Practitioners (“IPs”) experienced in acting as experts.

The principal points of guidance (but certainly not the only ones) arising from the session for any IP contemplating acting as an expert were the need for:

  • familiarity with Part 35 of the Civil Procedure Rules, and the accompanying practice direction;
  • clarity of scope and instructions, noting that these are not privileged;
  • early and full involvement in all areas of preparation;
  • sticking to the facts; as facts emerge they will impact your report, for better or worse as far as your client is concerned;
  • objectivity; most matters are not wholly clear cut; and
  • the report to the court should be in the IP’s own words; don’t be manoeuvred into wording with which you don’t feel comfortable.

Finally if attending as witness at a trial the advice that comes to mind is  ”prepare for the worst and hope for the best!”

If you have any queries in relation to our experience in acting as an expert or are considering instructing an expert to act in insolvency or related litigation please do contact us at or by telephone on 020 7002 7960.