In the event some problems arising from particular litigations cannot find suitable solutions drawn exclusively on mere knowledge of legislation or common experience, the judge may request the support of experts able to provide specific scientific knowledge. Such experts are referred to as Court-appointed Expert Witnesses. Should they be appointed by the parties, instead, the experts on the matter for which the magistrate has required a valuation are referred to as Party-appointed Expert Witnesses.
Studio Solidoro professionals have provided consultancy in over a hundred technical proceedings – civil and criminal – acting as Court-appointed Expert Witnesses as well as Party-appointed Expert Witnesses.
In the latter case, Studio Solidoro professionals are appointed by individuals – in connection with their roles as legal representatives and statutory auditors in joint-stock companies – or by joint-stock corporations, banks or manufacturers.
TECHNICAL CONSULTANCY IN CIVIL PROCEEDINGS
The main areas of expertise of the professional firm are:
- actions for liability against directors and auditors
- banking, with particular reference to recovery actions, the assessment and verification of the application of compound interests and usurious rates, as well as the nature and economic effect of the specific financial products such as options and derivatives
- agency agreements for the calculation of agency balances as well as to quantify staff severance funds
- contracts of carriage to determine any differences relating to the application of the so-called “tariff bands”
- stock exchange, finance for the calculation of the debt and of the liabilities following the listing of companies under conditions unconformable with those envisaged in the statement; the re-establishment of the proper management and reporting of real estate mutual investment funds
- airport services to quantify fees and charges for the centralised infrastructure in compliance with the Antitrust regulatory provisions
- compensation for damages, both emerging damages and loss of profit, and damage to the image of the company’s assets or its branches.
TECHNICAL CONSULTANCY IN CRIMINAL PROCEEDINGS
The main areas of expertise of the professional firm cover offences of:
- ordinary bankruptcy (under art. 217 of the Bankruptcy Law), on documents, assets, fraudulent and preferential bankruptcy, under art. 216 of the Bankruptcy Law.
- Money-laundering under art. 648 bis of the Italian Criminal Code
- Usury under art. 644 of the Italian Criminal Code
- Embezzlement under art. 646 of the Italian Criminal Code
- Bribery under art. 319 of the Italian Criminal Code
- Tax-related offences under Legislative Decree 74/2000
- Fraud under art. 640 of the Italian Criminal Code