Expert Witness Guide E-Magazine

Expert Witness Guide

www.expertwitnessmag.co.uk

WITNESS

eMAG

EXPERT

Midlands Psychological Services Psychological Expert Witnesses.

CHRIS MAKIN Professional Forensic Accountant.

SAFETY 4 HEd Health and Safety Expert Witness.

Griffin Forensics Investigation and Data Recovery Services.

Chris Makin Chartered Accountant | Accredited Civil Mediator | Accredited Expert Determiner

Chris Makin is a chartered accountant with a vast range of experience, firstly as a general practitioner and then for well over 20 years as a forensic accountant and expert witness. Previously National Head of Litigation Support in a national firm, he now practises mainly as a commercial mediator, with expert determinations and forensic assignments for good measure.

Civil and criminal experience as expert for over 20 years in: • • • • • • • •

Loss of Profit and Consequential Loss Business & Share Valuations Matrimonial Valuations Partnership & Director Disputes Professional Negligence Criminal & Commercial Fraud Investigations Personal Injury & Fatal Accident Drug Trafficking etc. Asset Tracing & Confiscation • Section 994 Disputes • Director Disqualification • Expert Determinations

Mediated disputes in: • • • • • • • • • • • • • • •

Partnerships Share Valuations Company Sale & Purchase Professional Fees Rights of Way & Boundaries Construction Intellectual Property Professional Negligence Business Interruption Defamation Housing Disrepair Very Expensive Motor Cars Employment Contractual Failings Inheritance Act and ToLATAs

Christopher Makin | FCA | FCMI | FAE | QDR | MCIArb

Call for a FREE initial discussion without obligation Telephone: 01924 495888 or 07887 660072 Website: www.chrismakin.co.uk

Contents Editorial Team

Kristina Rose Jennifer Shaw

Proof readers

Laura Sutton

Researcher / WRITER

4 Medico Legal

DESIGN Team

6 Orthapaedic Expert Witness

Issac Hamza Wendy Cowham

James Charman

Mr Paul Baguley

Dr Scott- Watson

13 Forensic Accountancy Chris Makin

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18 Forensic Pathways Digital Forensics

22 Commodity Trade Disputes Andrew Geddes

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28 Psychological Forensics Midlands Psychological Services

13 We want to thank our readers for their dedication and faithfulness to this E-Magazine. Thank you Copyright Š Expert Witness Guide

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Forensic Accountacy

| MEDICO LEGAL

EXPERT AESTHETIC, HAND AND PLASTIC SURGERY WITNESS’

Mr Baguley believes it is important to use an expert witness who has experience in the aesthetics sector.

Of the reports he writes, around 30 are related to clinical negligence.

Mr Baguley currently offers a screening and advice service and telephone consultation services

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medical director of Avita Medispa and director of Define Cosmetic Surgery, Mr Paul Baguley trained at Manchester Medical School achieving degrees of Bachelor of Medicine, Bachelor of Science and Bachelor of Surgery. He then moved to Canada where he achieved Royal College of Physician Standing in Paediatrics and General Medicine before moving into the surgical specialties where he achieved Royal College Standing in General Surgery and then Royal College Certification in Plastic Surgery.

A Fellow in the Hospital for Sick Children in Toronto as well as Fellow in McMaster University in Hamilton, Ontario, he worked as a consultant for three years on the East Coast of Canada before moving back to the UK where he was a Fellow at St James’ Hospital in Leeds in hand-surgery and a year as a senior registrar in Hull. He has passed the Royal College of Surgery Specialist Certificate in Plastic Surgery and is a fullyaccredited plastic surgeon on the specialist register at the General Medical Council.

Mr Baguley has been producing medico-legal reports for cases of personal injury relating to burns, scarring, hand injuries and alleged surgical malpractice for almost two decades, averaging 120 medical legal reports each year.

“In addition, I will also offer a seminar series and case report evenings for lawyers. This will bring visibility to my practice and add an educational component, helping lawyers and doctors understand what to ask for and what can be expected in reports.”

Mr Baguley aims to make his medical-legal practice a gold standard in terms of communicating with lawyers through education from an expert with considerable depth of experience. “In terms of existing and prospective clients I feel they could benefit from an expert with a wide ranging area of clinical expertise.”

An aesthetic and plastic surgeon practicing in the North East in Stockton and Darlington Mr Paul Baguley has built a repertoire as an expert witness with over 17 years experience, in aesthetic, hand and plastic surgery.

“As a Medical Legal Services provider, my USP is that I have over 17 years experience of report writing. I now provide over 120 reports each year, ranging from personal injury to clinical negligence. I attend up to 3-4 court sessions each year.”

His specialist areas of expertise include clinical negligence, cosmetic and aesthetic surgery, musculoskeletal trauma, melanoma, skin cancer, hand surgery, breast reduction and augmentation, facelift, blepharoplasty, scarring and trauma, paediatrics, and burns.

Mr Paul Baguley

MEDICAL LEGAL SERVICES

1 Mill Wynd Yarm Cleveland TS15 9AF Contact: Sue Davies Tel: 01642 794150 Email: admin@definecosmeticsurgery.com Website: www.definecosmeticsurgery.com Paul Baguley Medical Legal Services

1 | EXPERT WITNESS EMAG

@PaulBaguleyMLS

| Orthopaedic related personal injury cases

RSW Medico legal

DELIVERING ON PROMISES

Based in Stourbridge, highly-experienced trauma and orthopaedic surgeon Richard Scott-Watson is the director and sole medical examiner at RSW MedicoLegal, which specialises in the provision of high quality medico legal reports in orthopaedic-related personal injury cases..

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single expert with over two decades experience in his area of expertise, Richard Scott-Watson has a particular interest and expertise in general orthopaedics, fractures and trauma, musculoskeletal injuries, and all aspects of bone and soft tissue injury including limb and spinal injuries. He is a member of the Oxford Medical and Legal Society and is a keen participant in industry-led conferences every year.

“I am an orthopaedic surgeon specialising in orthopaedic trauma with particular interest in soft tissue injuries to the cervical spine and their consequences and the provision of medico-legal reports,” says Mr ScottWatson.

“Developed over the last 25 years, I have acquired an extensive knowledge of the assessment and provision of medico-legal reports in

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the field of traumatic orthopaedics sub-specialising in WAD and its consequences both in respect of claimant and defendant reports, as well as being requested by both parties jointly.

“I am experienced in the provision of reports for the courts and for employment tribunals. I have been accepted as an expert witness in this field in courts in England and Wales.

I am experienced in the provision of reports in low velocity impact cases. I also have experience in the interacting

Orthopaedic related personal injury cases |

effects of multiple injuries.”

Running RSW Medico-Legal, which consists of him, a full time secretary and a tape recorder, Mr Scott-Watson is based in Stourbridge, West Midlands and runs clinics in Birmingham, Coventry, Bristol, Swindon and Oxford.

His educational and professional achievements list include BSc (Hons) MB BS LLB (Hons)(Open) Cert. Av. Med. Cert MR(2), CUEW. DDAM FRCS(Ed), expert witness and disability analyst, APIL expert, Cardiff University Bond Solon expert witness, fully trained in CPR and in LVI Cases, MEOL accredited expert, MedCo accredited expert, forensic and expert witness E Magazine Medical Legal Award 2014/2015, forensic and being expert witness E Magazine Lifetime Achievement Award Trauma and Orthopaedics 2016.

“I specialise in looking at the whole picture in every case. My main aim is the maximal recovery of the claimant, and this often leads to further investigation – usually MRI scans – and treatment, as most of the claimants I see have been under-investigated and undertreated with most also having never been fully assessed.”

According to Mr Scott-Watson, there are many practitioners in his area of work who have several years’ orthopaedic experience in the health service, which he says is essential, but not enough. He says becoming an expert increasingly needs proof that the person has the specific qualifications.

“A number of minor courses and certificates are out there and are of some use but really courses like the Cardiff University Expert Witness Certificate is the only one I have come across that really tests all aspects of the legal side.

“A course will help with concentrating on the duties of the expert. Far too often, I still find reports coming in that have obviously been written for a claimant or defendant instructor.

They are fairly easy to counter but experts should be aware that it EXPERT WITNESS | 7

RSW Medico legal

Award Winners 2016 should not be obvious as they are the disinterested finder of the correct answer to the question of injury and disability.”

“Many of the cases seen for medico-legal work are not those seen in orthopaedic clinics in the NHS – for example the whiplash associated disorders. Without the specialist interest in the types of cases that are to be reported on the expert may not be quite as expert as required,” he adds.

“Equally, in cases with multiple injuries or those with lasting effects, the interaction of the disabilities either with each other or with the ageing process, can be very important. Very few experts have experience in assessing disability and even fewer have any qualification in it – mine is the DDAM.” Giving his thoughts as an expert witness in cases related to orthopaedic-related personal injury and representing patients

in court, he says: “Court cases are rare, and getting rarer, probably because of expense. When the medical side of a case is tested in court it is almost invariably because one side has managed to find a ‘hired gun’, which although against the CPR, are still available. I have not yet come across one who was not forced to back down.”

He believes when treating a patient it is essential to look at the whole person and how their injury has affected them.

“Everyone is an individual and people want to do very different activities, so injuries that are similar can have vastly different effects in

different individuals.”

Knowing when the right time to instruct is key for Mr Scott-Watson when analysing a client.

“I think the more important point is when to instruct. Clearly with WAD we are stuck with the GP report without notes as an initial ‘assessment’. It actually forms no assessment at all in 99 per cent of cases and is in effect written by the claimant. When I see these cases later virtually all are contradicted by the contemporaneous notes.

“If the GP says a six month recovery, then the time to get the next report, if that does not turn out to be correct, is at nine months – not 18 or 24 as usually occurs.

“With major injuries the first orthopaedic report should be as soon as possible, preferably within weeks. This will give an initial idea of periods of time off work and final outcomes which will often need modifying as time progresses but can mean that an interim payment to cover initial costs can be obtained and the severe financial hardship that some claimants suffer can be avoided.”

Mr Scott-Watson’s biggest immediate challenge is dealing with mediocrity.

“The GP report system at present had dumbed the process down to the lowest possible level and allows fraud at an unprecedented scale. I would not want to see that extended any further.”

His firm already offer home and prison visits as well as urgent appointments wherever we can fit them

| Orthopaedic related personal injury cases

RSW Medico legal

DELIVERING ON PROMISES

in, which he says is ‘nearly always’.

He is keen to provide a personal service to instructors as “solicitors who have tried this (personal service) find that it serves their clients better than dealing through an agency, and I want to keep it that way.”

For the future, Mr Scott-Watson could take on additional work only if he can continue to provide the quality of service his clients have started to expect of him.

“Allowing for the fact that we do not really know where the whole industry is going I would hope to stay roughly where I am. We could always take on a few more cases but I would not want to take on enough to compromise quality.”

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Orthopaedic related personal injury cases |

CONTACT Richard Scott-Watson RSW Medico-Legal Ltd 7a, Heath Lane, Old Swinford, Stourbridge, West Midlands, DY8 1RF

Tel: (0)1384 441126 | Fax: (0)1384 441126 | Email: carolcouzens@ymail.com

EXPERT WITNESS | 11

| TJ Chartered Sur veyors

Medical Legal Services

TJ Chartered Surveyors Terry Gregson An independent building surveyor and consultant to his former practice after over 40 years as a principal partner, Terry Gregson of TJ Chartered Surveyors advises purchasers of residential EXPERT COSMETIC SURGERY WITNESS and commercial properties in Essex, East Anglia, London and adjacent Home Counties with his ‘specialism’ being ‘period and listed buildings’.

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ith 49 years’ post-qualification experience as a general practice surveyor, Terry Gregson has practiced in Essex, London and the Home Counties, in several fields of professional activity, including as expert witness.

“I set up TJ Chartered Surveyors as I moved towards semi-retirement from partnership and as a director of a large firm, still operating within these parameters.

“Often matters referred to an expert witness are emotionally-charged. It is necessary to supply a diagnostic response, especially to assist the judiciary if resolution between the parties finally fails.”

Over the last 25 years of practicing as an expert witness he has dealt with an average of eight to 10 cases every year, successfully resolving issues in a majority of disputes.

“Careful forensic research and gaining an understanding of divergent points of view has been my aim when examining data presented to me, and, particularly with boundary matters, having the ability to analyse historic and inadequate plans and text to reach a reasonable conclusion reflecting the intent of the parties, is always a paramount endeavour,” he says.

“I look at all angles and try to reach plausible conclusions that can be clearly understood by the parties concerned and will strive towards resolution rather than confrontation.”

EXPERT BUILDINGS, BOUNDARIES AND PLANNING WITNESS My present activity includes building surveys for property buyers, with a particular interest and specialism in listed and country homes, planning advice and dispute resolution, and concept design for extensions, new property and alterations.”

Terry Gregson’s work as an expert witness centres on building contract and boundary disputes as well as on interpretation of planning decisions, leading to appeals to the Planning Inspectorate.

12 | EXPERT WITNESS EMAG

Terry Gregson TJ Chartered Surveyors 60 Western Road, Billericay, Essex.

CM12 9DT Tel: 01277 623397 Mobile: 07860 345682 Email: terry.gregson@btconnect.com

forensic ACCOUNTANCY |

Chris Makin

Chartered Accountant | Accredited Civil Mediator | Accredited Expert Determiner

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forensic accountant and expert witness for over two decades, Chris Makin has given expert evidence about 100 times. He is one of only 65 chartered accountants to have received the accolade of Accredited Forensic Accountant and Expert Witness at ICAEW while APIL recognises him as an expert first tier, and he was for many years a contributor to Kemp & Kemp The Quantum of Damages.

Frequently acting for claimants/applicants, defendants/respondents, and as SJE, Chris Makin has built a strong portfolio and solid presence as a forensic accountant and expert witness for more than 20 years both nationally and in the wider world.

It is widely thought that the mediator needs to be qualified in the profession relevant to the dispute; that a case with deep legal issues requires a lawyer mediator, or that an engineering dispute needs a mediator who is also a chartered engineer. That is seldom the case, as Makin’s range of mediation cases illustrates. He is often chosen as a mediator because he is a chartered accountant, because he understands business, and because he is seen as the best man to solve a partnership or director dispute.

“I am versatile, offering a range of methods of dispute resolution,” says Makin.

As a forensic accountant, he offers an initial review, so that an instructing solicitor can decide whether Makin will add value to their case, before they decide to instruct him. “If I feel that there is no value to add, I say so.

“If matters proceed to litigation, arbitration or expert determination, I can produce the expert report needed – I have produced hundreds – and can take matters right up to the hearing if necessary, having given expert evidence about 100 times.”

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EXPERT WITNESS | 13

| forensic ACCOUNTANCY

According to Makin few civil cases proceed all the way. “I can advise on alternative ways of resolving the dispute, on an appropriate Part 36 offer to make or to accept (or refuse one from the other side), and on whether a form of ADR should be pursued.”

In criminal cases Makin can assist in plea bargaining, or in reducing a Proceeds of Crime claim, with his biggest case being one of reducing an application of £1,300,000 by the Met’s financial investigation unit to £30,000.

imposed solution. I have mediated 100 with an 80 per cent settlement rate.”

As an expert determiner, Makin is also wellversed with resolving sale/purchase disputes over company sales, or the amount of capital to be paid to a retiring partner. Among the first five to be accredited by The Academy of Experts, he has performed about 25 of such quasi-arbitration cases, and is on the panel of EDs held by the president of ICAEW.

In family cases, he can value the family business for a clean break or in fixing periodic payments. He has also mediated the financial aspects of divorce.

Makin has a well-rehearsed approach to work, one which has worked wonderfully for him and his client, and which is the cause of his unique success.

“As a mediator I can assist the parties in reaching a settlement suitable to them, rather than a court-

“The first aspect is that I offer an initial review of any potential appointment; I look at the key

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forensic ACCOUNTANCY |

documents, I type out a summary and share it with the instructing solicitor, and I quote a fee. If for whatever reason instructions do not follow, I do not make any charge – and I don’t even sulk!.

Solicitors and their clients can learn the cost before they commit. So it costs nothing to find out if I can help, and at what price.

“The other is that I am extremely helpful. I sit on a number of professional committees, and am an examiner in mediation and expert determination. I also act as an honorary counsellor for chartered accountants with ethical problems and give a lot of free advice to individuals, besides helping many younger forensic accountants as they develop their practice. I can afford to do this because my income as a forensic accountant is reasonable, I have a good pension to look forward to, and I do not want to retire yet because I enjoy the work so much.

“And if you wanted a third USP, it is versatility. I do civil, family and criminal litigation and several methods of ADR, so I can look at a job in the round and work with the solicitor, barrister or litigant in person to help solve their problems – usually at reasonable cost.”

According to Makin, the reason why it is important to use his services in a business environment is his ability to understand business and because he believes the main purpose of business is to make profit for the benefit of owners and team members.

“Spending time with lawyers and on disputes is wasteful, so it is important to have those disputes resolved as quickly and as cheaply as possible, hopefully whilst retaining a relationship with the other party. I can help in all such ways.

“During my career I have built four accountancy practices, so I am able to help many clients with their problems, since they are likely to be similar to those I have faced myself.”

Indeed, as a general practitioner, Makin acted for almost 500 clients, from two PLCs through many family companies down to sole traders and private tax clients.

EXPERT WITNESS | 15

| forensic ACCOUNTANCY

“I’ve lost count of the number of cases I have handled as a forensic accountant and expert witness over the last 26 years; probably at least 500. I have done 100 mediations with an 80 per cent settlement rate, and about 25 expert determinations.”

Providing three examples of standout cases, apart from the Proceeds of Crime case mentioned earlier, Makin states: “Some years ago, I acted as advocate for a client before the Commissioners of Income Tax. The client had engaged about 18 men over many years, to disinfect broiler houses after each batch of chicks had been slaughtered. He told them they were self-employed and must pay their own tax.

“When the tax authorities found them, they argued that they were employed and that my client should pay their PAYE. So the case

was about whether those men were employed or self-employed.

I had to present my case and cross-examine all those men. I was against three tax inspectors, one of them from Technical Division.

The Commissioners found for me, that the men were self-employed, which saved my client about £180,000 in PAYE.” The second example, Makin quotes is from the time he was the defence expert for the chairman of a large financial services company, which had collapsed with debts of £160 million.

“The Serious Fraud Office were prosecuting all the directors for fraud. They had been using clients’ money to buy office blocks, Bentleys, a brewery, vineyards, and even a yacht from Christina Onassis for $3.5 million. The challenge was to prove that my client had not authorised any of the fraudulent transactions, and the SFO served on us a vast quantity of documents.

“I worked for eight months with six assistants, and my report ran to 43 ringbinders, contending that my client had not approved any 16 | EXPERT WITNESS

such transaction. The report was agreed by the SFO and, after a trial of 18 months, my client was found not guilty on all charges.

By contrast, the managing director, who was not my client, was jailed for 10 years.”

The third example of a unique case that Makin refers to was when he was called upon to give evidence at the Royal Courts of Justice against Elstree Studios, for a stuntman who had been injured on a Superman film, when the invisible harness broke as he was suspended at 15 feet.

“Our counsel was Stephen Sedley QC, now a Court of Appeal judge. My client was awarded a great deal of money in damages. Another stuntman had a similar claim in progress, and when the defendants learned that I was the expert for that second stuntman, they settled the case immediately.”

By his own admittance, Makin believes he has a special affinity for mediation.

“It would be fair to say that I do seem to have this special affinity towards mediation, and it is not from using sophisticated techniques such as Neural Linguistic Programming and the like; I feel it is because I genuinely like people. I am a good listener, I look a person in the eye when I listen to them, they see that I care, and I genuinely do care to keep them away from the worry and expense of formal litigation.

forensic ACCOUNTANCY |

Chartered Accountant | Accredited Civil Mediator | Accredited Expert “What I say to people is that litigation is like dancing with a gorilla: the dance stops only when the gorilla decides to let go. So, once started, the litigation process cannot be stopped except at high cost.

But with mediation, you are in charge of the process; you can decide today to bring matters to an end, once you reach an agreement which both sides can live with.”

Makin points out that the challenges in both criminal and in civil or family litigation concern financial limitations.

“In criminal cases, I could help so much more if proper rates were paid to experts by the Legal Aid people. The rate paid for the top level of accountancy expert is about half my normal hourly rate. Such poor rates mean that defendants are represented by second-rate experts, if at all, and that is not

justice. It is worse for barristers, who have recently been on strike over pay rates. To overcome this challenge, I do a certain number of criminal cases to help the defendant, on a semi-pro bono basis.

“In civil cases, the court fees and the costs of lawyers are very high, such that we are reaching a stage where only the very rich can engage in litigation. My solution is to continue to preach the advantages of mediation, but it is surprising that many old-school lawyers are still frightened of letting go.”

In view of his substantial contribution to the field of forensic accountancy and as an expert witness, Makin has now received the ‘Forensic Accountancy Award 2015’ by Forensic Insider magazine.

According to the publication’s judging panel, the award was presented to Makin in

recognition of his being a leading expert in this field.

In a statement, the judges said: “Makin has had a critical involvement in many legal cases and his strong reputation is backed by a wealth of experience. He is truly versatile in a wide range of cases. He is not only a first class expert witness but also a forensic accountant, mediator and an expert determiner, which is what impressed us so much and the reason why he was unanimously voted by every member for the award.”

Pleased with the award, Makin said he was in gratitude to those who were instrumental in awarding him with the title and hoped he could carry on delivering on the faith placed by the judges and his clients-atlarge.

Mobile: 07887 660072 | Telephone: 01924 495888 | Fax: 01924 494421 Email: chris@chrismakin.co.uk | Website: www.chrismakin.co.uk EXPERT WITNESS | 17

| digital forensics

Digital Forensic Offering unique data analysis solutions in the area of mobile phone forensics, criminal intelligence, due diligence, and risk and business intelligence, Forensic Pathways is recognised internationally for taking a lead in the development of forensic products and services.

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ith offices in the UK and Australia and with an international distributor network, Birmingham based Forensic Pathways is an award winning company. Led

by CEO Deborah Leary OBE, the company has built a strong reputation for delivering quality service and groundbreaking innovative technology where forensics is concerned.

“Our CEO Deborah was also awarded the prestigious title of British Female Inventor of the Year for the development the world’s first and only transparent anti-contamination crime scene stepping plate, a product used in crime scenes globally,” says Ben Leary, business development director, who has contributed to the development of innovative software solutions for law enforcement, including Forensic Phone Analyser (FPA), Forensic Digital Exchange (FDX), Forensic Image Analyser (FIA) and the Advanced Ballistics Identification System (ALIAS).

Alongside its other successful collaborations, Forensic Pathways also works alongside police forces to develop innovative software solutions that meets end users and annual budget holders wants and needs. For example, it has been developing Forensic Digital Exchange (FDX) with the support of The Metropolitan Police service.

“FDX is an information management system for data extracted from mobile phones. It allows you to automatically manage digital data from multiple extraction tools, including XRY, Cellebrite, and Aceso. It also enables phone examiners to compare extracts from the multiple tools, cuts out hours of manual processing and reduces the likelihood of human error.”

To ensure it continues to combine its unique ability to produce technology that stands apart with standout services, Forensic Pathways has created a diverse team of individuals with worldclass skills and abilities in their chosen areas.

“Aside from the uniqueness of our technology, what makes FPL stand out is our unwavering commitment to delivering tailored solutions based on our clients’ specific needs,” Leary.

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“We endeavour to understand our clients. This means knowing who they are, what they do, the problems they face, and ultimately what their needs are.

It enables our organisation to deliver value and develop longterm client relationships.

“To ensure we meet and match our intention with our action, we have amidst us experts in computer science, mathematics, forensic investigation, legal, and business matters. This, along with our strong connections with world- leading universities, means that we not only have within the company high-grade employees, but also a wealth of research and development capability.

“Indeed, managing an effective research and development pipeline, alongside our partners means that Forensic Pathways can continually develop new and exciting technological innovations.”

Priding on his company’s ability to be on the cutting-edge of technology, Leary says it has been instrumental in the development of the Forensic Phone Analyser (FPA), the provision of Forensic Image Analyser for image forensics,

digital forensics |

and the world’s first transparent Stepping Plate for crime scene management.

“The company has a booming international presence today particularly in terms of the AntiContamination Stepping Plates, which recently led to us winning a tender to provide plates to the South African Police Service.”

Here in the UK, there has been a growing emphasis on anti-contamination, with the Forensic Science

Ben Leary - Forensic Pathways

Regulator body indicating that a greater focus on the preservation and assessment at crimes scenes should be taken, citing the use of stepping plates.

“It is a very exciting time for the plates, not to mention our technological offerings,” says Leary.

“Technology-wise, the main functions our software offers to the end user is the analysis and the automated management of data – from the ability to determine the source of an image (FIA) through to the automated management of data compatible with multiple extraction tools allowing for the management of unlimited data from an unlimited number of devices (FDX).”

This attribute, says Leary, enables the end user to benefit from significantly-reduced man-hours in the processing and management of data, as well as reducing the likelihood of human error, giving fast, accurate and reliable intelligence for the fight against crime.

“The result is the end user saves a lot of time, and as we know, time is money and this saving could be key for UK police forces, who are experiencing budget reduction.”

EXPERT WITNESS | 19

| digital forensics

Indeed, such has been the impact of Forensic Pathways innovative and cutting-edge technological presentations for the past 14 years, that the company today has a dedicated global clientele who are loyal to it and it is also internationallyrecognised for taking a lead in the development of forensic products and services.

Its path-breaking endeavours have led to the company winning a variety of awards both for itself as a whole and also for its innovative technologies, culminating in the Digital Forensics Award 2015 awarded by Forensics Insider and Security Insider magazines.

According to Leary, it is imperative for organisations today to be technologically well-equipped, both to stay ahead of the game and to protect against cyber-crime, which can have devastating effect on an organisation’s very survival.

“The use of technology is ubiquitous in the world we live in, and it is growing at a rapid rate. Many key functions in society are technology-based be they banking, education, businesses and defence. Technology is being incorporated more and more, and with that comes the growing threat of cybercrime. It is imperative that we stay one step ahead of cyber criminals,” says Leary.

“By utilising Digital Forensics software, we can have a huge impact on combating cybercrime and help prevent the harm it causes people. Our technologies are designed to not only enhance the end users work experience, but to reduce time and thereby reduce cost at the same time never losing sight of the ultimate reason for the product.”

Citing the example of Forensics Pathways latest invention Forensic Image Analyser (FIA), Leary says using the technology in child sexual exploitation (CSE) cases can mean vulnerable victims can avoid the need to attend court, which can be a traumatic experience for many.

“Our technology has already helped convict those guilty of CSE crimes, and it is our hope that through the use of our technology, this can continue. We see this technology also having a major impact with the identification of images and devices associated with trophy images.”

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According to publications’ judging panel, the cuttingedge technologies being offered by Forensic Pathways was particularly impressive. The panel said that the company not only catered for the criminal side of things but also the business intelligence side.

It further said that the judges unanimously agreed that the range of technologies offered

by Forensic Pathways was the best in the sector.

Speaking on the win, Leary says: “We are absolutely delighted. Winning the award is testament to the progress Forensics Pathways is making in the world of digital forensics.

It shows that we are driving forward in the right direction and, more importantly, that we are providing a solution to a number of problems previously uncatered for.

“Winning the award is also an affirmation from the industry

digital forensics |

that what we have created has a real value. It affirms we have a created a strong base on which to move forward.”

He believes that the versatility of its product portfolio and the uniqueness of its cutting-edge technology would have definitely contributed towards the win.

“The fact that a large number of law enforcement agencies are incorporating our technology into their policies on a global level is a great indication that what we are doing is helping redefine how crime is combated, and helping implement new methods that can help law enforcement deal with a variety of threats including cyber.

Forensic Pathways has also seen much success in the provision of Due Diligence and Fraud Investigation Services to the public and private sector. Working with large international corporate clients has been one of Forensic Pathways many successes. Leary says “We carry out due diligence to mitigate the risk of partnering with an individual or business whose existing or previous activities or relationships may cause legal, regulatory, reputational or financial damage. Our Fraud Investigation service enables fast collection and analysis of evidence to ensure that crucial decisions can be made to stop further losses and reverse engineer the process to make sure lessons are learnt and new procedures put in place to avoid repeat occurrences. Our technical ability in terms of developing algorithms to ask the right questions of data, coupled with a sound ability in digital forensic data recovery, linked with sound investigation skills ensures the Company is able to offer a complete package. Understanding how to get to the data, how to analyse the data and make sense of that data is a core strength of within team.”

“I also believe that we reflect an ethos of doing ‘good business’. We want all our stakeholders to feel valued and feel that they are getting value. Trust, integrity and a commitment to helping shape the future of forensics globally for the protection of others is hopefully what has come through. It is certainly what we aim for.” FIA is “Patented under European Patent Number 2396749”

Forensic Pathways 2 Snow Hill, Birmingham, B4 6GA

Tel: (0)121 2313215 | Email: sales@forensic-pathways.com | Website: www.forensic-pathways.com EXPERT WITNESS | 21

| Commodity Trade Disputes - metal

Expert witness

Andrew Geddes

Oxford Metallurgy graduate Andrew Geddes has been an advisor and an expert witness for disputes in metals commodity trading in Italy, Switzerland, Sweden, Russia, US, Hong Kong, and the UK. Providing advice, reports, and oral evidence in court, he has built a solid reputation with law firms, producers, traders, and consumers.

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dvisor and expert witness on commercial and valuation matters for international disputes in the field of nonferrous metals and their raw materials, with particular emphasis on alumina and aluminium and tolling, Londonbased Andrew Geddes has held senior positions for more than 40 years with metal producers, traders and fabricators and has done business in 70 countries while being a regular visitor to 50 of them.

He also has experience of covering broken contracts, fraud, market loss valuations, hedging loss valuations, agency arrangements, and contract negotiations including shipping and warehousing.

Using London Metal Exchange extensively as well as FX markets for hedging, he has resolved several disputes and litigations for large and small businesses.

His experience primarily spans raw materials including aluminium, alumina, copper, magnesium, silicon, nickel, and cobalt.

After a stint in Rio Tinto Geddes worked in the international trading sector with Gerald for almost 20 years and then with some other trading companies based in Switzerland.

“While I did a degree in metallurgy, I have in fact worked in the commercial sector of the non-ferrous metals business for over for over four decades,” says Geddes. “About half of this time was in Switzerland while the rest in the UK but always for international companies.”

“Those were all international trading activities, not supplying any service as an Expert witness,

but this is where I gained a broad experience of all the potential problems and the tricks that others get up to sometimes.”

His forays in his chosen profession brought Geddes in touch with a number of producers and consumers from around the world, mainly from the aluminium sector, many of whom sought his assistance as expert witness in a third party dispute.

“For as long as I was in Gerald doing business with so many companies in the sector it was inevitable that there would be a conflict of interest sooner or later. It was only after I left Gerald that I started to accept expert witness appointments.”

Geddes revived his trade membership from Institute of Materials, Metals and Mining, which he did not really need when trading for Gerald.

By his own admission, Geddes did not set out to act as an expert witness for a living.

While he is now almost retired he is still active in the primary metals, recently more on copper and zinc in addition to

22 | EXPERT WITNESS

Commodity Trade Disputes - metal |

Designed to work built to last.

I find that experts appointed by the other side may be very good at their market research or very good as an accountant but probably never did a deal for millions of dollars in their life.

“I have no accounting background but I often find all sorts of errors if the other expert is an accountant because they rationalise a deal a different way in terms of full invoice values and do not think like a trader who thinks in dollars per tonne, the premium or discount from LME, and the hedge behind the physical contract.”

aluminium. It is this activity which he believes enables him to accept appointments from time to time as an expert as he keeps himself up to date with the market and new regulations that apply to expert witnesses.

While there are a number of people who I know will accept expert witness appointments in the aluminium sector in commercial disputes most of them only have the commercial experience.

They do not have the industry experience, a metallurgical background as a degree, and often do not have the court experience that I have over a period of almost 25 years.

“The cases I deal with are usually so large that just one or two cases in a year is plenty with the available time that I have. There will always be some disputes arising from fraud, whatever happens with the market. The same is true for matters of compliance or distortions of the market or anti-trust disputes.”

When Geddes gets appointed on a dispute he often comes across parts of the case that the lawyers may not yet have noticed, or not appreciated the significance, that can dramatically change the outcome.

Geddes can provide the lawyers with a trader’s view of the significance of the contract(s), what should have happened, what really did happen and what the losses are.

“When looking at a dispute on a contract for a physical delivery it is essential to include the implications of the corresponding LME hedge and a view of what happened within the market between the time the contract was made and the due time for delivery,” he says.

It is most likely that many of the parties appointing Geddes already know him through his business contacts or perhaps the lawyers have seen some of his expert witness reports or may have confronted him in court in the past.

“If someone chose me out of the blue without knowing me beforehand I would like to think it is because of my many years of experience on the commercial side of the metals business, my experience having worked in producers, traders and consumers and my intimate knowledge of the workings of the London Metal Exchange for all the hedging that accompanies the physical metals business.”

Andrew Geddes - Expert Witness 16 Gerald Road, London, Greater London, SW1W 9EQ Tel: 07768 274 499

EXPERT WITNESS | 23

| FBI Forensic Failures Special

Ethos Forensics

Amidst revelations of serious forensic errors made over more than two decades by the FBI, tales of wrongful conviction due to faulty forensic evidence, and the continued fallout from closure of the UK Forensic Science Service, what is the current quality and reliability of forensic science?

I

- Sue Carney, Consultant Forensic Scientist, Ethos Forensics

n April 2015, the FBI made a formal admission of errors in its forensic science. 26 out of the 28 examiners at its microscopic hair comparison unit had overstated the significance of evidence in favour of the prosecution over a period of more than 20 years. This revelation followed criticism of flawed bite mark comparison evidence, a heated discussion that continues amongst the US forensic community, and subsequent investigation. The National Association of Criminal Defence Lawyers and the Innocence Project are currently assisting the US government in the largest postconviction review of forensic evidence; investigation of thousands of cases. Of those cases so far reviewed, 32 of the defendants were sentenced to death of which, 14 have been executed or died in prison.

The National Academy of Sciences 2009 report, Strengthening Forensic Science In The United States: A Path Forward, is particularly critical of those evidence types, such as bite marks analysis, comprising subjective comparisons. Of such evidence types, it states that there is continuing dispute over their value and scientific validity. The report also highlights that in such experience-based methods there exists the potential for bias, particularly in the absence of blind comparisons.

The report, amounting to more that 300 pages, is comprehensive in its recommendations. Whilst it could be argued these universally relate to the standards and quality requirements of forensic science the world over, a simple comparison of the US with the UK is not straightforward. The US is a vast country comprising a variety of jurisdictions at both state and federal level. Uniting the practices of this collection of agencies and implementing accreditation and best practice is an unenviable task.

In assessing the state of UK forensic science one must view both its past and possible future. The UK has a long history of forensic innovation. It was at the University of Leicester in the 1980s that Sir Alec Jeffreys developed DNA fingerprinting, the precursor of the DNA profiling techniques used today by forensic agencies worldwide. The former Forensic Science Service had a reputation as the UK’s foremost forensic research body, establishing the guidelines for many forensic evidence types including landmark publications ranging from the persistence of biological evidence in sexual assaults to the implementation of frameworks for the interpretation of forensic evidence.

The FSS closed in 2012 under pressure from the UK government in its deregulation of the forensic market. The ripples are still being felt across the forensic community. The new competitive forensic market brought with it a culture of faster and

24 | EXPERT WITNESS

FBI Forensic Failures Special |

EXPERTS AT UNRAVELING CRIME cheaper forensic science.

Today’s main UK forensic providers (LGC, Cellmark and Key Forensic Services) are under increasing pressure to deliver more for less, as are their customers, the 43 police forces of England and Wales, whose forensic budgets have been slashed. The effects on forensic science are palpable. Forensic science is a painstaking process where accuracy and attention to detail are critical. Yet reporting scientists find themselves under increasing time pressures diametrically opposed to quality. Rushing any forensic analysis risks evidence being missed.

and again, fibres have provided crucial evidence in casework.

Notable examples include the murders of Holly Wells and Jessica Chapman and the eventual prosecution of Norris and Dobson for the murder of Stephen Lawrence. Despite continued campaigns for change in UK forensic science, the announcement on 24 July that Contact Traces, possibly the only specialist forensic fibre consultancy in the UK, was to withdraw from the forensic market was a bitter blow and is symptomatic of the current state of UK forensic science.

In addition to the inevitable loss of expertise from UK forensic science, as many time-served scientists chose retirement or alternative careers, this new culture also brought about reluctance on behalf of police forces to use particular evidence types due to perceived cost.

Fibre comparison is a case in point. The big three forensic providers deliver relatively few fibre comparison services directly, since customers are loath to authorise such timeconsuming analyses. Yet time

What remains for the smaller consultancies operating within the UK forensic market? Unlike many of the US forensic laboratories, the big 3 UK forensic providers hold accreditation to international quality standards (ISO 17025), as do some of the smaller organisations providing forensic services to the defence.

Accreditation ensures the quality of work is comparable to that of other accredited organisations offering the same products and services. It is an assurance of capability and competence. In short, it demonstrates excellence. However, the accreditation process is currently cost-prohibitive for independent consultants working as sole traders. Further, they lack the infrastructure required for objective self-assessment.

The closure of the Council for the Registration of Forensic Practitioners in 2009 meant that there were no longer clear criteria, other than accreditation status, upon which the criminal justice system could assess the credentials of an expert witness.

Within the next five years, it is thought that accreditation will be a legal requirement for all forensic practitioners in order to operate within the UK criminal justice system. Whilst this is to be commended, there is, as yet, no clear framework under which independent consultants can demonstrate competence.

The Forensic and Policing Services Association, in conjunction with the Chartered Society of Forensic Sciences are exploring the options for small businesses and consultants via their quality standards working group. It is hoped that the Society, EXPERT WITNESS | 25

| FBI Forensic Failures Special

as the industry’s professional body, will be able to fulfil some of the objective monitoring functions on behalf of independent consultants.

The NAS report recommended that the control and operation of US forensic provision be removed from police forces, in order that forensic experts maintain true impartiality. The new costfocused UK forensic market has prompted increased numbers of UK police forces to form their own in-house forensic services.

Many of these have not yet achieved accreditation, such that they too are not yet able to evidence quality and capability. This increase in police in-house forensic activity has given rise to a fragmented approach in some cases. Rather than a set of exhibits being submitted for examination by the forensic science provider, some forces carry out their own examination and submit swabbed or cut out stains to an FSP for DNA profiling, accompanied by little contextual information. The FSP and police experts each compose their own evidential statement in the case and there is a risk that on some occasions, issues of how the tested biological material came to be deposited on the exhibit may not be addressed in either statement. Furthermore, the mutual trust built up over years of collaboration between forensic science providers and police forensic submissions units in jointly agreeing the most appropriate forensic strategy for the case may suffer. It seems that decisions are now made based on perceived cost rather than forensic potential and the true needs of an investigation.

If cost and time are the main opponents to quality, can we be sure that UK forensic science is protected from such serious errors as those admitted by the FBI? Whilst comprehensive checking procedures are in place to minimise error within UK forensic laboratories, it is the follow up of errors — what is learnt — that is most important. A significant portion of the requirements for ISO 17025 accreditation deal with managing the risk of error, but it must be accepted that any forensic service run by people can never be completely error free.

People become tired, they have erratic moods, they have off days. They are not machines. This principle relates to all types of forensic science but is particularly pertinent to those more subjective forensic methods involving marks comparisons.

Anyone who thinks that we are free of cognitive bias in forensic marks comparisons on this side of the Atlantic need only refer to the Scottish Fingerprint Inquiry to realise their misconception.

The fact is, almost all forensic opinion contains some degree of subjectivity. Even the most analytical test results have context within a case, and if we are to address the more complex, and arguably more useful, issues of how a questioned substance came to be present in or on an exhibit, then we may need to infer from previous casework experience in addition to published scientific data. The good news is that we are a few steps ahead of the US

EthosForensics

Phone +44 (0)7796 546 224 | Website: www.ethosforensics.com 26 | EXPERT WITNESS

in our awareness of cognitive bias. It is an issue familiar to all forensic practitioners and awareness, whilst not prevention, means that we know the warning signs. Blind comparison is more routinely part of the peer review process and practitioners try not to be swayed by the nature of any particular case. Of course, this does not guarantee complete eradication of bias and error, but the framework is in place.

The most recently appointed (from November 2014) Forensic Science Regulator, with an overall responsibility for identifying and developing quality standards, is herself an experienced forensic scientist.

This can only be an advantage, along with the recent agreement that the regulator will be given statutory powers to regulate the quality of forensic evidence.

As a final point, it’s important to consider the UK’s status as a world leader in forensic science. Whilst this was considered to be true in the hey day of the FSS, it could now be argued that research is rarely conducive to profit and therefore, may not be the first priority of the existing forensic science providers. Having said that, a recent (April 2015) Chartered Society of Forensic Sciences conference showcased some innovative research being undertaken at many of the UK’s fine academic institutions and by dedicated forensic practitioners within the FSPs. Perhaps, whilst vocal forensic practitioners continue to wield some influence, all is not lost.

| Psychological trending

Midlands Psychological Services Dr Dennis Trent

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ny time a person is arrested or faces a sentence, the person is prone to bias any assessment to their best advantage, says Dr. Trent, from Midlands Psychological Services, describing how and why it is so important to get a psychological expert witness involved.

It is logical that viewpoints vary from the claimant, defendant’s or the prosecution’s perspective. Both prosecutor and defendant wish to prove their innocence or otherwise, while a claimant wants to prove the reason for a claim at its worst level.

Psychologists use psychometric tests to support opinions of course, but perhaps more importantly they can tease out non-immediately visible or hidden truths.

“These might covering lingering personality disorders or a number of other issues,” Dr Trent continues.

All assessments are confidential, so he can’t reveal any particular, recent example where Midlands Psychological Services has had a major impact. Talking about the trends driving the sector in general, however, is easier.

“The loss of legal aid is a key driver. In addition, recognition is growing surrounding the power of psychological vs psychiatric reports. We are also increasingly recognising the limitations of psychology in social work training and this is an area which is developing and changing.”

In the future, Midlands Psychological Services will continue to realign its work to deal with the loss of legal aid, and will put greater focus on therapy and life changes, and how psychological assessment and work impacts on these.

“Anger management, stress management, assessments in criminal cases, fitness to plead, and working with the survivors and perpetrators of sexual abuse remains key to our work,” Dr. Trent elaborates. “We are also working with those who download child pornography and more short and long term general therapies.

Psychological expert witnesses, and the firms behind them, are vital to delivering the truth. Midlands Psychological Services is one such company.

Dr Dennis Trent

Midlands Psychological Services

6th Floor, Quayside Tower, 252-260 Broad Street, Birmingham, B1 2HF1) Tel: (0121) 224-3051 Fax: (0121) 224 3252 Email: mps@midpsych.co.uk Website: www.midpsych.co.uk 28 | FORENSIC INSIDER

“Working with personality disorders is going to be more and more important in the future of our work.” Through the social enterprise model, the firm is now able to take an efficient, cost effective and flexible approach to delivering services, whilst retaining the values and principles of providing a public service.

“We are an independent group with a wealth of knowledge, skills and expertise from decades of high level work in Health, Education and Social Care,” Dr Trent concludes.

Griffin Forensics was founded in November 2006 to provide a high quality, cost effective and jargon free digital investigation and data recovery service.

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ur computer forensics experts are accredited in the UK Register of Expert Witnesses, Waterlow’s Expert Witness Register and The Expert Witness Directory.

They have been instructed as computer forensics expert witnesses in investigations including terrorism offences, murder, rape, theft, fraud, money laundering, IP theft, child pornography, computer misuse, graffiti, Internet piracy, trading standards offences, Munchausen’s Syndrome by Proxy, drug offences, grievous bodily harm and cruelty against children. Griffin Forensics undertakes work for both defence (including Legal Service Commission funded cases) and prosecution clients and take instruction in civil proceedings.

Our Investigators - Chris Watts and Anthony Smith

Chris served as a Royal Air Force Policeman for 23 years where he was involved in the investigation of computer misuse and computer security breaches. He also introduced a formal computer forensic capability into the RAF and remained the central point of contact for this discipline until his retirement in 1999.

He entered commercial

computer forensics at Vogon International Ltd in January 1999 and, at the time of Vogon’s closure in December 2006; Chris was the Computer Investigations Manager.

imaging and supporting police forces with the execution of search warrants.

In 2011 Tony joined our team where he is employed as a forensic investigator and data recovery expert.

He has received training on computer data recovery techniques, computer auditing, computer security, computer forensics, computer investigations, computer viruses and computer maintenance from both military and commercial sources. Chris has been instructed as a computer forensics expert witness for the defence and the prosecution and is an experienced Single Joint Expert.

Our Analyst and Mobile Phone Expert Elizabeth England

Anthony (Tony) joined Vogon International Ltd in 2001 where he was employed as a Data Recovery Engineer performing data recovery duties and providing forensic processing support to the computer forensic department. At Vogon his work mainly concerned the recovery of data from damaged or corrupt storage media and file-systems. From 2007 till 2010 Tony worked in various forensic analyst and forensic consultant roles where his work included converting data to a human readable format, forensic

Elizabeth was previously a development technician for a pharmaceutical company before entering the world of data recovery and computer forensics with Vogon International Ltd in 2002. She is responsible for the acquisition of mobile phone and sat nav data, the forensic images of computer media, data recoveries (including forensic data recoveries) and the analysis of computer data. Liz has received training in data recovery, the acquisition of mobile telephone SIM card and handset data, computer investigations and the handling of evidence.

Griffin Forensics Ltd,

5 Oxford Court, St James Road, Brackley, Northamptonshire, NN13 7XY 01280 707190 info@griffinforensics.com www.griffinforensics.com

| Digital Forensics

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ecoming an expert in the field is not something that happens overnight begins John Butler, Principal Analyst at Geode Forensics.

To be really proficient the expert needs a good degree in science or engineering which gives the basic background knowledge to get started plus confidence to speak to an audience and the ability to write technical reports. Geode has dealt with well over 1000 cases to date and we have over 35 years spent designing, managing and teaching about computer systems. We have been in the business now for over 10 years but we are learning all the time, especially from the police.“ “Every case is crucial to the people directly involved and every single one has its own peculiarities and challenges.

After over 1000 cases one might think one could just reach into a library of past reports and pull one out but it never seems to be that way. It is never dull and you do get the odd high profile case – they can set the adrenalin going but our job is to stay in the background and leave the stage to the advocates.”

Digital forensics is, today, vital to the UK legal system.

When things go wrong, the online digital archive represents a person’s black box recorder, which can give essential insights into the events that led up to any incident and afterwards.

“Technology doesn’t stand still so neither can we, and the sector is becoming more competitive as people realise its importance and training becomes easier to obtain.” says John, illustrating the challenging nature of his work. “We are actively looking at new technologies that will get us into devices that are currently inaccessible or can squeeze the last bit of information from the devices that we can read already.

Forensic functionality We keep large portions of our lives online, in terms of records of the calls and messages we send and receive and who they are to or from. This evolving world makes digital forensics more and more crucial.

Giles Crosse investigates. need to find ways of keeping in the game. The range of devices is getting wider all the time – there are phones, smartphones, tablets, notebooks and PCs, but SatNav systems, gamestations, and even smart TV systems can have information of value.

“Information is stored on the device or in the ‘cloud’, messaging can take place via email, via a wide range of messaging systems or via public or private messages on social networking sites such as Facebook or Twitter.”

According to John, the quantity of information in these locations goes up all the time, phones are up to 128Gb and 512Gb plug-in media cards are available. “Despite what programmes such as CSI may imply, these can’t be read instantly and unless data transfer rates increase the next generation of phones will take over a day to read. “We don’t buy hard disks any smaller than four terabytes now and even then storage is a problem.

The principal longer-term challenge, as with any technology business, is finding the time to read what one has to do to keep up.”

Either way, Geode’s forensic expertise and toolkit is kept under constant review and John maintains a selection of the same tools as used by police computer crime units. All this means he is ready and waiting when the next call comes.

“There are a couple of immediate challenges.” he goes on.

“Security is getting better in phones in particular and we

Geode Forensics Ltd , 1 Glebe Place, Lasswade, Midlothian, EH18 1HH Tel: 0131 660 5111, Fax: 0131 454 1780, Mob: 07775 791396 Email: info@geodeforensics.com, Website: www.geodeforensics.com 30 | EXPERT WITNESS

19 - 20 April 2016

19 - 20 April 2016

| Health and Safe t y expert witnesses

Safety 4 HEd Bespoke as Standard Vincent Theobald-Vega

HEALTH AND SAFETY

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ounder of Safety 4 HEd, Vincent Theobald-Vega, is an experienced safety professional with considerable experience and established credentials in university safety fields and high-commitment to the development of quality occupational health, safety and environment cultures.

With a proven track record creating good safety cultures, and reducing business costs, whilst improving safety compliance, Vincent Theobald-Vega is the founding partner and director of Safety 4 HEd a small health and safety consultancy based in the North East dedicated to provision of services for higher education institutions and similar organisations including technology companies and university spin-out companies. Previously an HSE inspector and the head of safety for Newcastle University (a £500 million per year international business), he is now an active consultant and expert witness.

“Our multi-award winning Safety 4 HEd partnership provides specialist health and safety services mainly to technical companies, including cutting edge genetics diagnostics, novel chemicals, asbestos surveying and removal, as well as to numerous universities,” says Vincent.

“In addition to our expert witness and consultancy services, the firm also provides high quality health and safety training with bespoke courses for our specialist clients, in addition to the standard IOSH and NEBOSH training via other organisations.”

All of Safety 4 HEd’s services are confidential and bespoke, tailored specifically to suit the client’s needs and are available across the UK. “Most of the Safety 4 HEd interventions including audit, inspection and training have resulted in increased safety, reduced legal risk such as criminal prosecution or civil litigation and reduced overall costs,” states Vincent.

Apparently, one client was so pleased with the £30,000 saving that they made on the bespoke training received from Safety 4 HEd – which involved replacing the planned offthe-shelf courses – that they continued to call for more of the company’s services.

“The training provided was also more effective than the previous courses, because it concentrated on the staff involvement, and the development of the organisations safety culture. The previous off-the-shelf courses had failed to have these impacts, simply identifying the hazards to be watched for and avoided.”

In another instance, after a complex investigation on behalf of another consultancy, their lead consultant said: “The feedback from the client has been very positive. From my perspective both your interim and final reports have been delivered on time, on budget and in line with the original brief. In my opinion, your attention to detail and technical knowledge has provided my client with the information that they need to make an informed, risk-based decision on their next course of action.

“Your report has helped both technical and non-technical people involved in this serious incident understand both the gravity of the potential life risk and root cause from errors made nearly 10 years ago. Added to this is the clear understanding of the business impact of the deficiencies in the power supply configuration.

Health and Safe t y expert witnesses |

Making peoples lives safer and better “I will have no hesitation in working with you again should the need arise and in recommending you to other safety professionals and clients alike.”

Vincent points out that most of his expert services have resulted in negotiated solutions with no litigation involved. This is over 27 years, including 10 years with the HSE, which involved prosecutions as an inspector, defence cases , both criminal and civil, and spanning almost everything that a health and safety professional could get to do.

“I have dealt with a variety of agencies including the HSE, local authorities, fire brigades, police forces, the Home Office and the environment agency. Last year, I was able to add the CQC to this list, after another expert witness intervention resulted in a negotiated solution with no litigation and also leading to the client saving considerable sum of money.”

more people with their services, to increase their range of services, and also to better support the current clientele.

“I am immensely proud that this is our second award, having only started providing commercial services in 2012. It demonstrates our commitment to excellent service and sets a tough challenge for the future, which we intend to meet.”

In giving the award, the panel stated that his wealth of experience, backed up by qualifications, made him a frontrunner for this year’s award. There was also a long list of varied things including services that impressed the panel.

Over the coming years Safety 4 HEd intends to increase the time available for expert witness work. “There are numerous people available to provide expert statements. However, far fewer of them will also support their clients with the consultancy and training to embed the changes needed to prevent future problems.”

According to Vincent, the breadth of service offered by his firm can only improve with time. “We intend to increase the partnership’s size and range of skills with additional experts – and only experts – as demand increases.”

His efforts and relentless pursuit of excellence has resulted in Vincent being conferred with the Health and Safety Expert Witness Award 2016 award by Forensic Insider magazine.

Vincent feels that the latest award will assist his team to reach

Safety 4 HEd

7 Derwent View, Chopwell, Newcastle-upon-Tyne, NE17 7AN Tel: + 44 (0)7940 564 889 | Email: vincent@safety4hed.co.uk | Website: www.safety4hed.co.uk

FORENSIC INSIDER | 33