Expert Witness Journal Issue 65 February 2026 - Flipbook - Page 36
disclosures of privileged information, there is no
such regime for “deliberate acquisition of another party’s
privileged material”.
This decision is important for litigants, and
professional representatives (as well as to private
investigators). It serves as a reminder to solicitors
about the sanctity of client con昀椀dentiality and
privilege. There are no circumstances that warrant
disclosing the litigation and settlement strategy to
anyone outside of the client team.
The Court was keen to emphasise that underhand
practices will not be tolerated in the English courts.
When addressing the spectre of strike out, the Judge
was keen to focus on the need “to protect the court’s
process”, and to apply a “deterrent factor to help ensure
compliance by others in future”. However, it is clear
from the opening line of the judgment, namely
that the Judge had a “di昀케cult choice” that a careful
balancing act was required. The Court recognised
that strike out is “a draconian measure”, and one of
“last resort”. It will be slow to let allegations of fraud
go unchallenged.
Mr. Greg
Huitson-Little
Chartered Accountant
Fellow of the ICAEW
Greg is a Partner within the Forensic and Valuation Services team at Menzies. He has
more than 20 years of specialist forensic experience across a range of industries and
dispute forums. Before joining Menzies in 2024, Greg was at Deloitte and
AlixPartners, having qualified as a chartered accountant at a mid-market city firm.
Greg assists clients with the financial aspects of commercial disputes: from advice in
the early stages of a case through to giving expert evidence in respect of loss of profits
or loss or loss of value. He has given evidence in the high court and arbitral tribunals,
and takes on appointments as determining expert.
What we do
Menzies’ forensic team thrives on assisting our clients with their most challenging and
complex problems and helping to achieve clear resolution. Our services range from
pre-action advice through to expert evidence and testimony, from investigating
suspicions of irregularities through to reporting and supporting subsequent action.
Our team of specialist forensic accountants and expert share and business valuers can
draw on a wealth of experience and knowledge across a range of legal and
contentious issues. We regularly act as independent Expert Witness, giving evidence
and expert testimony in court and arbitral settings, and as expert in determinations.
Our team deals with issues of accounting, valuation, quantum, transaction and IP
disputes. As senior members of a full-service accountancy firm we can provide law
firms access to multi-discipline and multi-sector experience. Our Experts are
sought-after experts in their field.
Email: ghuitson-little@menzies.co.uk
Telephone: +44 (0) 330 912 9768
Mobile: +44 (0) 7780 664 775
Website: www.menzies.co.uk
EXPERT WITNESS JOURNAL
34
FEBRUARY 2026
