Question 1

What is Account of Profits?

Accepted Answer

A remedy in intellectual property and breach of confidence cases requiring the defendant to disgorge the profits made from their wrongful conduct, rather than compensating the claimant for their own loss. Forensic accountants quantify the profits attributable to the misappropriation, distinguishing between legitimate and illegitimate revenue streams.

Question 2

What is Asset Tracing?

Accepted Answer

The forensic process of following the movement of funds or assets through financial records, bank accounts, and corporate structures to identify their current location and beneficial ownership. Asset tracing is critical in fraud claims, freezing injunction applications, and matrimonial disputes involving concealed assets.

Question 3

What is But-For Analysis?

Accepted Answer

A counterfactual methodology used to quantify loss by comparing the claimant's actual financial position with the position they would have been in but for the defendant's wrongful conduct. But-for analysis is fundamental to loss quantification in professional negligence, breach of contract, and fraud claims.

Question 4

What is CEng (Chartered Engineer)?

Accepted Answer

Chartered Engineer status awarded by the Engineering Council, demonstrating competence in engineering practice. CEng is a key credential for forensic engineering expert witnesses appearing in construction disputes, product liability cases, and technical failure investigations.

Question 5

What is Chain of Custody (Digital)?

Accepted Answer

The documented chronological record of the seizure, transfer, analysis, and storage of digital evidence, establishing that the evidence has not been altered or tampered with. Chain of custody integrity is essential for the admissibility of digital forensic evidence in court proceedings.

Question 6

What is Chorzów Factory Standard?

Accepted Answer

The international law standard for calculating damages in state responsibility and investment treaty cases, requiring full reparation for injury, restitution, compensation, or satisfaction. Named after the Permanent Court of International Justice decision in Factory at Chorzów (1928), it governs quantum in ICSID and UNCITRAL investment arbitration.

Question 7

What is Concurrent Evidence (Hot-Tubbing)?

Accepted Answer

A court and tribunal procedure where opposing experts give evidence simultaneously before the judge, who directs the discussion and probes areas of disagreement in real time. Increasingly used in TCC, CAT, and international arbitration proceedings involving technical expert evidence.

Question 8

What is CPR Part 31 (E-Discovery)?

Accepted Answer

The Civil Procedure Rules part governing disclosure and inspection of documents in UK civil proceedings, including the disclosure of electronically stored information (ESI). CPR Part 31 requires parties to disclose documents relevant to the issues, with Practice Direction 31B setting out specific requirements for electronic disclosure.

Question 9

What is CPR Part 35?

Accepted Answer

The Civil Procedure Rules part governing the use of expert evidence in UK civil proceedings. CPR Part 35 establishes the expert's primary duty to the court, requirements for expert reports, joint expert meetings, and the court's power to restrict expert evidence. It applies equally to all forensic disciplines.

Question 10

What is Daubert Standard (US equivalent)?

Accepted Answer

The US federal standard for admissibility of expert testimony, established in Daubert v Merrell Dow Pharmaceuticals (1993), requiring that expert evidence be based on sufficient facts, reliable methodology, and reliable application of methodology to the facts. While not directly applicable in UK courts, it influences international arbitration practice.

Question 11

What is Delay Analysis (Construction)?

Accepted Answer

The forensic analysis of construction programme data to determine the cause and effect of delays, assess entitlement to extensions of time, and apportion responsibility between the parties. Delay experts use methodologies including Time Impact Analysis (TIA), as-planned vs as-built, and windows analysis.

Question 12

What is Digital Forensics?

Accepted Answer

The application of scientific investigation techniques to electronic data, computers, mobile devices, cloud storage, email servers, and network logs, to establish facts relevant to legal proceedings. Digital forensics experts produce CPR Part 35 compliant reports on data theft, cybercrime, IP misappropriation, and e-discovery disputes.

Question 13

What is E-Discovery (Electronic Disclosure)?

Accepted Answer

The process of identifying, collecting, processing, reviewing, and producing electronically stored information (ESI) for litigation. In UK civil proceedings, e-discovery is governed by CPR Part 31 and Practice Direction 31B. Digital forensics experts ensure forensically sound collection preserving metadata and chain of custody.

Question 14

What is Econometric Analysis?

Accepted Answer

The application of statistical and mathematical methods to economic data to test hypotheses about market behaviour, pricing, and competitive effects. Econometric analysis is central to cartel overcharge calculations, pass-on defences, and market definition in competition law damages claims.

Question 15

What is EnCE (EnCase Certified Examiner)?

Accepted Answer

A professional certification demonstrating competence in using EnCase forensic software for computer forensic investigations. EnCE is a recognised credential for digital forensics expert witnesses conducting computer and network forensic analysis in civil and criminal proceedings.

Question 16

What is Expert Determination?

Accepted Answer

A form of alternative dispute resolution where an independent expert is appointed to determine a specific issue or dispute, with the determination binding on the parties unless otherwise agreed. Expert determination is commonly used for valuation disputes, technical measurements, and final account disagreements.

Question 17

What is FBCS (Fellow, British Computer Society)?

Accepted Answer

Fellowship of the British Computer Society, the highest grade of BCS membership, recognising outstanding contribution to computing and IT. FBCS is a key credential for senior digital forensics expert witnesses in UK litigation and regulatory proceedings.

Question 18

What is Forensic Accounting?

Accepted Answer

The application of accounting, auditing, and financial investigation skills to legal disputes, quantifying financial losses, investigating fraud and financial irregularities, tracing assets, and valuing businesses in contentious contexts. Forensic accountants produce CPR Part 35 compliant expert reports for courts, tribunals, and arbitration.

Question 19

What is Forensic Economics?

Accepted Answer

The application of economic theory and econometric methodology to legal disputes, quantifying economic damages in competition law, assessing market impacts in regulatory proceedings, and calculating investment treaty damages using counterfactual and DCF analysis.

Question 20

What is Forensic Engineering?

Accepted Answer

The application of engineering expertise to investigate technical failures, analyse construction defects, and provide independent opinions on causation and liability in engineering and construction disputes. Forensic engineering experts appear before the TCC, adjudication panels, and international arbitration tribunals.

Question 21

What is GCFE (GIAC Certified Forensic Examiner)?

Accepted Answer

A certification from GIAC (Global Information Assurance Certification) demonstrating competence in computer forensic investigation techniques, including evidence acquisition, analysis, and reporting. GCFE is a recognised credential for digital forensics expert witnesses.

Question 22

What is Hot-Tubbing?

Accepted Answer

Informal term for concurrent evidence, a procedure where opposing experts give evidence simultaneously before the judge or tribunal, who directs the discussion. Hot-tubbing is increasingly ordered in TCC, CAT, and international arbitration proceedings to resolve technical expert disputes efficiently.

Question 23

What is IBA Rules on Evidence?

Accepted Answer

The IBA Rules on the Taking of Evidence in International Arbitration, providing a framework for document production, witness testimony, and expert evidence in international arbitration. Articles 5 and 6 govern party-appointed and tribunal-appointed experts respectively.

Question 24

What is The Ikarian Reefer Duties?

Accepted Answer

The expert witness duties established in National Justice Compania Naviera SA v Prudential Assurance Co Ltd (The Ikarian Reefer) [1993] 2 Lloyd's Rep 68, independence, objectivity, and the primacy of the duty to the court. These duties are now codified in CPR Part 35 and apply to all forensic expert witnesses.

Question 25

What is Joint Statement (Experts)?

Accepted Answer

A document produced following a meeting between opposing experts, identifying areas of agreement and disagreement, and setting out the reasons for any remaining disputes. Joint statements are required under CPR Part 35 and significantly narrow the issues for trial.

Question 26

What is Loss and Expense (Construction)?

Accepted Answer

Additional costs incurred by a contractor due to employer-caused delays or disruptions under standard form construction contracts (JCT, NEC). Quantum experts quantify loss and expense claims, including prolongation costs, disruption, and acceleration expenses.

Question 27

What is Metadata Analysis?

Accepted Answer

The examination of data about data, file creation dates, modification timestamps, author information, and access logs, to establish when documents were created, accessed, copied, or modified. Metadata analysis is critical in IP theft, data misappropriation, and document authenticity disputes.

Question 28

What is Norwich Pharmacal Order?

Accepted Answer

A court order requiring a third party to disclose information about wrongdoing by another person, commonly used in fraud and IP theft cases to identify wrongdoers or trace assets. Forensic experts may assist in analysing information obtained through Norwich Pharmacal applications.

Question 29

What is Party-Appointed Expert (PAE)?

Accepted Answer

An expert witness instructed by one party to a dispute, who provides independent evidence within their area of expertise subject to cross-examination. PAEs are governed by CPR Part 35 and owe their primary duty to the court, not the instructing party.

Question 30

What is Prolongation (Construction)?

Accepted Answer

The extended period a contractor remains on site beyond the original completion date, incurring additional site overheads, preliminaries, and management costs. Quantum experts quantify prolongation costs as part of loss and expense and delay claims under construction contracts.

Question 31

What is Quantum?

Accepted Answer

In construction and legal disputes, the financial value or amount of a claim, as distinct from liability (whether the claim is valid) or delay (when events occurred). Quantum experts (typically chartered quantity surveyors) value the monetary impact of construction claims.

Question 32

What is SAAMCo Principle?

Accepted Answer

The principle from South Australia Asset Management Corp v York Montague Ltd [1997] AC 191 limiting damages in professional negligence to losses within the scope of the professional's duty. Forensic experts must address SAAMCo when quantifying loss in professional negligence claims.

Question 33

What is Scott Schedule?

Accepted Answer

A structured table used in Technology and Construction Court proceedings to set out each item in dispute, the parties' respective positions, and the expert's opinion. Scott Schedules are the standard format for presenting quantum and delay expert evidence in TCC trials.

Question 34

What is Single Joint Expert (SJE)?

Accepted Answer

An expert witness instructed jointly by both parties to a dispute under CPR Part 35, who produces one report addressing the agreed issues. SJEs reduce costs and the risk of polarised expert evidence, and are increasingly favoured by courts in appropriate cases.

Question 35

What is Time Impact Analysis (TIA)?

Accepted Answer

A delay analysis methodology that inserts delay events into the as-planned programme to assess their impact on the critical path and completion date. TIA is one of several delay analysis techniques used by construction programming experts in EOT and delay claims.

Forensic Expert Witness Glossary

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