Expert Witness Journal Issue 63 October 2025 - Flipbook - Page 100
The factual pattern, and legal liability, could also
have implications as to whether a loss is covered by
cyber insurance. If legal liability were to rest with the
party whose emails were hacked, it is possible that a
policy might insure the loss as under the third party
liability cover. Otherwise, there may be no cover
unless the paying party holds cyber insurance cover
with explicit coverage/endorsement for 昀椀nancial
losses arising out of email fraud.
In the absence of evidence to prove a security failure
by the defendant, the argument raised by Logix
that the fraudster was acting with the “apparent
authority” of the defendant was ambitious and the
court determined that it had no reasonable prospect
of success.
The case highlights how important it is to carry
out early forensic investigations following 昀椀nancial
fraud related business email compromise incidents
in order to identify which party, if any, was
responsible for the email compromise (and indeed
that a party was not responsible). Particularly where
forensic logs have a limited lifespan. In the absence
of compelling evidence that the payee su昀昀ered the
security breach, a payor will continue to struggle
absolve itself of responsibility for protecting itself
against the fraud (for example by carrying out bank
account veri昀椀cation checks). The 昀椀nancial losses, as
this case shows, can be signi昀椀cant.
Turning to the question of legal liability, this case is
useful in that the courts recognised that Siam was
not culpable in the fraud and had no liability. Key
to this 昀椀nding was the forensic evidence from Siam’s
forensic expert which con昀椀rmed that there was no
evidence of its emails being compromised.
Similarly, Kroll con昀椀rmed that there was no
evidence of compromise in respect of Logix’s email
environment. The elephant in the room appears to
be the lack of logs to carry out an investigation into
Sky Aero’s email system. It is notable that Sky Aero
was not named as a defendant, perhaps re昀氀ecting
that the claimant felt that there was no viable cause
of action for Sky Aero’s legal responsibility for any
compromise of its emails (if proven) or for the fraud.
Mr Chris Chittock
Acoustic, Air Quality and Environmental
Safety Consultants
InternatIonally renowned mental health care experts
BSc (Hons) Audio Technology
The Maudsley Hospital is an internationally renowned centre for mental health
care and provides the largest portfolio of national and specialist mental health
services in the UK. Many of our experts are at the forefront of research and training
in psychiatry and are highly respected in their field.
Mr Chris Chittock is Managing Director of Dragonfly Consulting; Acoustic, Air Quality
and Environmental Safety Consultants. He has extensive experience in the preparation
of expert witness services and providing technical evidence for planning enquiries, local
authority licensing hearings and the civil courts. He holds a Bachelor of Science degree,
with Honours, in Audio Technology from the University of Salford.
As part of this historic organisation, Maudsley Private Care is home to a dedicated
team of Maudsley experts in a covering a range of specialist areas to provide prompt
and responsive medico-legal reports and services for solicitors, barristers, courts and
other agencies.
Chris has over 20 years’ experience within the field of acoustics in both the public and
private sector. Areas of expertise include noise impact assessments, particularly for use
in the planning process, architectural acoustics, noise nuisance and occupational noise &
vibration.
Our panel of nationally recognised psychiatrists and psychologists provide expert court
reports and expert witnesses in civil, family and criminal cases across the UK. As a
leading national centre for mental health, we are used to complex cases and issues.
Chris has provided expert testimony at, but not limited to, planning enquiries and
licensing hearings and has also provided written and verbal evidence in Court in both
the civil and criminal contexts in a number of matters including:
• Provision of expert witness services for Planning Hearings and Planning Appeals;
• Provision of expert witness services for Licensing Hearings and Appeals;
• Provision of expert witness reports on noise & vibration exposure for Noise Induced
Hearing Loss (NIHL) and Hand Arm Vibration Syndrome (HAVS);
• Provision of expert witness services for noise nuisance cases (Defendant and
Complainant);
• Expert witness services on acoustic design in buildings (cases in excess of £4 million);
• Various planning appeals including commercial premises and aircraft landing sites.
Following the outcome of claims, we can offer a range of individually tailored
psychological therapies and family therapies. The care is joined up care, with the
option of input from psychiatry and psychology combined.
Our experts
Our panel includes expert psychiatrists and psychologists in a wide range of general
and specialist fields of mental health. Some of our areas of special expertise include:
• Brain injury
• Cases involving physical and mental health
• Child and sexual abuse
• Clinical negligence
• Discrimination
• Employment issues and workplace stress
• Family law
• Fitness to plead
• Housing
• Medical negligence
• Mental capacity
• Neuropsychiatry
• Perinatal mental health
• Personal injury
• Psychological trauma
• Functional or ‘medically unexplained’ physical
symptoms
Chris provides expert reports, site visits and advice for firms of solicitors throughout the
UK. Expert witness services include provision of outline opinion, completion of written
evidence, attendance at pre-inquiry meetings, conferences with Counsel as well as the
provision of verbal evidence should it be required.
Contact: Emma Sculthorp
Tel: 01904 898368 - Mobile: 07852 257575
Email: emma@dragonfly-consulting.com - Website: www.dragonfly-consulting.com
Dragonfly Consulting, 4 Bramley’s Barn, The Menagerie, Escrick, York, YO19 6ET
Area of work: Multi-Disciplinary Consultancy with offices in York, Birmingham and
London dealing with acoustic, vibration, dust and fume issues UK wide
EXPERT WITNESS JOURNAL
Contact Name: Maudsley Private Care - Tel: 020 3228 9880
Email: Loise.Schlauder-Gueguen@slam.nhs.uk - Alternate Email: privatecare@slam.nhs.uk
Website: https://www.maudsleyprivatecare.co.uk/medicolegal-services
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OCTOBER/NOVEMBER 2025
