Both Richard Cropper and Ian Gunn have been giving expert evidence since the early 1990s. Both are fully qualified independent financial advisers, authorised and regulated to provide advice by the Financial Conduct Authority, and both have degrees with economics as a major subject, and both are accredited by APIL as 'Tier 1' experts.
The form of an award for future losses is generally a matter on which claimants rather than defendants require expert opinion. This is bound to mean that most of our instructions come from solicitors acting for claimants, although where no conflict of interest arises we do accept instructions from defendants.
There have also been occasions when the court has requested our input to assist on technical matters. Richard and Ian also served on the panel of experts appointed by the Ministry of Justice to give evidence on the discount rate used in personal injury claims.
Richard in particular has played a significant role in the development of case law, acting for all of the claimants and giving evidence in the Thompstone group of cases, in which the Court of Appeal upheld the first instance decisions to link periodical payments to a measure of earnings, rather than price inflation. He has also given evidence in the leading cases where the courts have had to consider the security of periodical payments, notably YM, Bennett, Farrugia and Kotula.
Ian’s caseload tends to be less contentious, but he has acted in a number of cases in which interim payment applications were controversial, including Eeles and Preston. He also acted for the claimant in Ellison, where the form of award was disputed.
Both Richard and Ian have also been closely involved in trying to find practical alternative financial solutions to the Roberts -v- Johnstone approach to assessing damages for accommodation, which can prove to be a major obstacle to awards of periodical payments in the cases where they are the most appropriate form of award (those where life expectancy is shortest and most uncertain).
Our experience includes cases where the claimant lives outside the UK, including the Channel Islands, the Isle of Man, Ireland, Italy, France, the Netherlands, Switzerland, Latvia, Poland, Brazil and Australia.
In all of these cases, and many more, we believe that our experience and expertise has added material benefit to those instructing us.