INSIDE THIS ISSUE........... Construction, Building and Property law... Profiling our leading experts in: • • • • •
Architecture, Surveying, Quantum and Delay, Health and Safety Environmental issues....
WOOLF REFORMS
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Front Cover Kindly Sponsored By
2019 Health & Safety Expert Witness Report Provider
Vincent Theobald-Vega Safety 4 HEd
It Gives us great pleasure to announce that the Federation of Forensic and Expert Witnesses has announced this years Independent Awards and has profiled one of its members for their outstanding work with in their chosen specialty in this case Mr Vincent Theobald-Vega from Safety4hed for his Expert Witness reports. This is for the continued professional services he has given to the field of Health and Safety to his customers and to the Expert Witness industry. The Awards are independent to the Federation are designed to raise the profile and highlight in our opinion the best in their given fields of expertise. The Federation hope to bring this to the attention of the lawyers and barristers that follow them on linked in and who visit their site and read their E-mag that can be viewed at www.forensicandexpertwitness.co.uk. Vincent has a special interest in Bespoke Health and safety and cases have included: • • • • •
Pre-case reviews, where solicitors are investigating the strength of a case before defending actions (civil or criminal). Case reviews during a case to establish the strength of the case and consider where more evidence is required. Expert Witness statements during civil or criminal cases. Appearances in Court to give witness in person (including Crown Court). Reports after cases (including historic cases) to consider if lessons should have been or have been learnt from the events leading to the case. We feel Vincent's qualifications speak for themselves another reason for the Federation choosing Vincent as this years Award recipient. Vincent’s qualifications include the following:
• • • • • • • • • •
Fellow of the International Institute of Risk and Safety Management – FIIRSM Fellow of the Royal Society for Public Health – FRSPH Chartered Member of the Institution of Occupational Safety and Health – CMIOSH Member of the Institute for Safety in Technology and Research – MISTR Member of the Health and Safety Lawyers Association Associate Member of the Institute for Ergonomics and Human Factors Registered with the European Network of Safety and Health Professional Organisations – EurOSHM Registered with the Occupational Health and Safety Contractors Register – OSHCR Registered with the UK Register of Expert Witnesses BSc, Forestry, MSc, Biological Computation, PgDip Health and Safety, Cert Ed (LLS)
Federation of
Forensic & Expert witnesses
Award 2019
YOU CAN INSTRUCT VINCENT NOW Call Vincent on 07940 564 889. Email Vincent on Vincent@safety4hed.co.uk
Vincent Theobald-Vega Health and Safety Consultant and Expert Witness
Safety 4 HEd Bespoke as Standard
One of the things that make Vincent Theobald-Vega different from a lot of other experts is the breadth of his experience. Expert witnesses tend to be specialists in one, narrow area, but Vincent has worked in agriculture, forestry, construction, asbestos, fire issues, chemical issues, laboratories, even genetically modified organisms.
Vincent says:
Charges from the HSE
“My huge range of expertise allows me to take tools and techniques from one discipline and work with them in another. This makes life so much simpler when trying to find solutions to problems, as you can lift certain aspects and apply them to another situation. That is what health and safety is all about, finding solutions to problems.”
The HSE charges a Fee for Intervention at £154 per hour, that is over £1200 per day per Inspector, with more than one often being involved in a case. Vincent’s charges are much more modest and he can assist with preventing costs rising out of control. Legal aid cases also are undertaken and Safety 4 Hed’s fees can be spread for longer engagements.
“Real life doesn’t classify problems for you, you need to be flexible and understand that situations are often complex. To get to the bottom you need an in depth look that isn’t obsessively looking at things from one perspective only.”
Multi Award Winning Every year Since 2015 Vincent and Safety 4 HEd have been winning awards for the breadth and quality of work. This is supported by the satisfaction of Safety 4 HEd’s clients A full list of awards is available on the website at https://safety4hed.co.uk/awards/ ,
Any change? This is what 2 hours of HSE time look like.
Vincent Theobald-Vega
Health and Safety Consultant and Expert Witness Safety 4 HEd In 2012 Vincent left Newcastle University to start Safety 4 HEd. The intent was to provide health and safety support services to Universities. Since then, the services have been opened to a much wider range of clients. Vincent Theobald-Vega studied Forestry (BSc) and computing (MSc), before joining the HSE in 1989. He served in the Newcastle, Bootle HQ and Bristol offices. During this time he learnt the basics of being an Inspector and prosecutor, and obtained his Postgraduate Diploma. As Head of Safety for Newcastle University (1999 – 2012) Vincent drove major improvements, reducing accident rates and setting high standards for safety. He also took part in many civil defences and developed additional skills, including Fire Risk Assessment.
Services • Health and Safety Expert Witness • Asbestos • General Consultancy • Investigations • Audit and Inspection • Fire Risk Assessment • Training • Second Opinion
Vincent Theobald-Vega
Health and Safety Consultant and Expert Witness
Qualifications and Memberships FIIRSM
Fellow of the International Institute of Risk and Safety Management.
FRSPH
Fellow of the Royal Society for Public Health
CMIOSH
Chartered Member of the Institution of Occupational Safety and Health
MISTR
Member of the Institute for Safety in Technology and Research
EurOSHM
European Occupational Safety and Health Manager Member of :The Health and Safety Lawyers Association member of :The Federation Of Forensic And Expert Witnesses
Micro CV 1989 – HSE as HM Inspector of Health and Safety Role included numerous prosecutions (including defended cases) on various areas such as construction, asbestos and dangerous machinery. 1999 – moved to Newcastle University 2002 – Head of Safety for Newcastle University Renewed the health and safety culture, reducing accident rates despite increases in students, staff and complexity of work undertaken. Additional skills developed in fire safety, biological and chemical issues. Included work with genetically modified organisms and high hazard pathogens. Took part in numerous defence cases. 2012 – Freelance consultancy as Safety 4 HEd. Clients large and small including Universities, technical companies, international organisations, other consultancies, and charities. From 2014 started undertaking expert witness services, including Civil and Criminal cases. Crown Court witness work undertaken in 2017.
Experienced with difficult working situations Having worked with most things from Asbestos exposures to explosions, Vincent is ideally placed to help you with difficult cases. Vincent is also an experienced lecturer and qualified teacher, used to explaining things in straightforward ways and pitching to people of all walks of life and backgrounds. Use the website at www.safety4hed.co.uk to find out more– or contact Vincent directly by email at vincent@safety4hed. co.uk or telephone on 07940 564889. physically located just outside Newcastle-upon-Tyne but Vincent undertakes work nationally.
The Multi award winning Vincent Theobald-Vega
Health and Safety Consultant and Expert Witness
Federation of
Forensic & Expert witnesses
Award
Federation of
2019
orensic & Expert witnesses
Contact Vincent at Safety 4 HEd now Safety 4 HEd LLP
7 Derwent View | Chopwell | Newcastle-upon-Tyne | NE17 7AN 07940 564889 | vincent@safety4hed.co.uk
www.safety4hed.co.uk
T: 0844 850 1918 M: 07786 070 333 E: sawalsh@btconnect.com forensic.engs@btconnect.com Website: www.sawalsh.com I entered the profession as a 5 year indentured student apprentice Plumbing, Gas and Public Health (Building Services) Engineer during August 1964 and qualified as an Engineer in 1969. I continued my academic training and “hands-on” work development to complete my professional qualification when I was awarded my Chartered Engineer status. I became an Expert Witness during 1984. I have completed the Academy of Experts and EWI training courses for Expert Witness duties and responsibilities. During 2000 as part of my on-going professional development I gained MSc. in Occupational Safety and Health. In 2005 I gained the Cardiff University Accredited Expert Witness by their examination. I continue my professional development. Expert Witness since 1984 with extensive experience in Commercial, Industrial and Domestic cases. • • • • • • • • • • • • • • • • • • • • • • • •
The Complete Expert Witness service for;
Building Services Engineering. Public Health Engineering. Occupational Health and Safety at Work and in the Home. Drainage. Plumbing. Rainwater Systems, Storm Water/Flooding. Flooding. Water Services. Gas, LPG and Oil Heating Systems. Scalding and burns from water and hot surfaces. Boiler plant failure. Plumbing component failures. LPG failures and incidents. Fire Sprinkler failures. Facilities for the Disabled. Forensic Investigations into disabled people having accidents in public Toilets and in the home. Noises for installed services. Personal injury claims for Tripping, slipping, falls. Manual Handling. Carbon monoxide incidents, investigations and fatalities. Gas, Gas Boosters and Metering. Audit of Building Services Engineering against Terrorism. Electrical Building Regulations Part "P" Safety in Dwellings qualified and expert witness. Disabled Persons accidents in Public Toilets and in their home.
Qualifications:
• Chartered Building Services Engineer (C.Eng) MSc. MCIBSE, FCIPHE, MSoPHE • Chartered Health and Safety Practitioner (CMIOSH), MSc, Gas Safe Register • Chartered Water and Environmental Manager and Chartered Public Health Engineer (CWEM) FCIWEM • Accredited Expert Witness (CUEW), MAE, MEWI
S A WALSH Specialist Consulting Engineer & Expert Witness Limited Second Floor Offices. 27 Passey Place, Eltham. London. SE9 5DF
VILLA VALUE OFFERS OVERSEAS PROPERTY EXPERT SERVICES. Richard A Rooke is an independent property consultant, member of FIABCI, the International Real Estate Federation, CEI, The European Real Estate Confederation, and GIPE, one of the leading Spanish Real Estate Associations, and runs an extremely well-known real estate agency and consultancy on the Costa Blanca. With over 38 years experience in the real estate industry, and officially recognised Spanish real estate qualifications, Richard's expertise is second to none.
“The Company's object, is to offer its clients the best value for money available for the type of property required�.
Established on the Costa Blanca for over 30 years, we offer an extremely wide choice of meticulously selected properties at competitive prices. We can find you apartments, duplex, maisonettes, terraced houses and villas, close to the beach, on golf courses, marinas or any other location, at prices to suit most pockets, for holiday, retirement, or investment purposes, for private or corporate portfolios. Anyone buying through this office, will receive assistance during the whole purchasing process - property selection, contracts, searches, deed-signing, translations, legal and tax requirements, registration, bank accounts, after-sales service, etc. - avoiding any pitfalls that might be encountered on the way. Prices vary in accordance with the property, location, etc., and finance can be arranged, on the spot in Spain, at advantageous interest rates, if and when required. We are always on the lookout for new developments which sometimes provide better opportunities for investment than some of the existing projects, keeping a careful eye on current market trends.
F
Forens
IF YOU NEED EXPERT ADVICE LOOK NO FURTHER.....
Our Area Richard covers all of the Costa Blanca, and the Costa Calida, with his office and exhibition centre in Mil Palmeras, Pilar de la Horadada, about 17 km south of Torrevieja. Currently, one of the fastest growing communities in Spain, this area alone, offers excellent opportunities in all price-ranges, with an enormous variety of homes to choose from. Apart from new properties, he has re-sales of all types on his books, and links with leading developers and builders, throughout the two regions, and all along the coast.
If you are looking for value for money and need expert advice, then Richard’s Best Buys are what you should be considering.
Contact www.villavalue.com now! Richard A Rooke | VILLAVALUE
2019
Federation of Federation of
Expert witnesses sic Forensic & Expert&witnesses
Avda de Francia, Edif. Playa 9.1.2, Urb Mil Palmeras, 03190 Pilar de la Horadada (Alicante), Spain
0034 965 320 024 info@inmorichardrooke.com
www.villavalue.com
Redwood Collections Ltd joins the Federation of Forensic and Expert witnesses
Experienced debt collection agency joins the federation to assist expert witnesses with credit control and unpaid invoice chasing.
NO COLLECTION, NO COMMISSION Commission is only charged upon successful collections. This focuses their staff on achieving the result their clients desire. Their typical commission rate is 15% in most instances. On many occasions these additional costs may be legally recovered from your debtor, depending on the content of your terms and conditions. NO JOINING FEES OR CONTRACTS Redwood do not ask clients to enter into a fixed or formal contact (unless preferred), nor do they charge joining fees or monthly charges. Their service is on-demand and they have found that this flexibility suits their clients who often have seasonal or periodic debt patterns. They prefer their clients to return because they have received a good service, rather than being obligated to do so under an onerous contract. TAKING OVER THE BURDEN Credit control is a time-consuming process, often requiring continuous chasing and mediation to achieve payment. For proprietors of small businesses there may not be enough hours in the day, whereas larger businesses may find their credit control staff need assistance with stubborn debtors.
Whatever the situation is, Redwood Collections can assist you with proactive chasing of your delinquent customers. A reliable, persistent, yet professional partner when you need one. COMMUNICATION & REPORTING Their clients are assigned a dedicated account manager and provided with his/her direct contact details. Their account managers have an average of nine years’ experience and respond same-day to most debts referred, quickly getting up-to-speed on the history of the case and establishing a dialogue as soon as possible. They supply all clients with regular reports in hard copy and 24/7 online access to your cases is available. ALL UNDER ONE ROOF For cases requiring additional persuasion, Redwood Collections are vastly experienced in recommending the right kind of legal action to instigate against your debtors. They drive forward legal action in-house, saving their clients from over-involvement in a lengthy and time-consuming process. Unlike most debt collection agencies they retain a panel of highly-regarded solicitors and insolvency practitioners. They offer a professional and effective solution to your enforcement needs that dovetails seamlessly with their core debt recovery services, offered at very competitive rates. REPUTATION MATTERS Redwood know their clients value their good names and they strive to uphold their clients’ reputations while also meeting their performance expectations. Striking this delicate balance is possible due to their investment in quality staff and systems, enabling them to hold themselves to the highest standards when collecting your unpaid debts: • Authorised and regulated by the Financial Conduct Authority. • ISO:9001 accreditation and externally audited each year. • Long-standing members of the Credit Services Association. • All collections staff hold CSA Collector Accreditation Initiative certificates. • Registered as GDPR data controllers with the Information Commissioner’s Office. • Comprehensive business insurance with multi-million pound cover.
HOW TO GET STARTED For a no-obligation discussion with Redwood Collections today, members should call Matthew Sales who leads their specialist department. His direct number is 020 3868 6569.
Redwood’s 12,000+ UK clients
Further information on their processes can be found online at www.redwoodcollections.com, where you can also refer a debt to them in less than five minutes.
Tel: 020 8288 3555
Web: www.redwoodcollections.com
Mr. David Rusholme Chestertons Expert Property Consultant
Property disputes can arise from all manner of scenarios. Case can involve residential and commercial properties; building land for redevelopment, buildings used for leisure purpose, new builds and mortgages. Located in London's prestigious Mayfair, Chestertons is a renowned property consultancy, and provides highly regarded expert witness services. Chestertons' David Rusholme qualified as a Chartered Surveyor in 1987 and has acted on many expert witness cases, and was involved with the famous SAMCO case in early 1990’s – a landmark case which limits the total liability to surveyors on claims. He has also acted on many cases involving various property types from commercial to residential property and these have included some of most prestigious addresses in central London. In his professional career, David held the position of Head of Valuation at RICS where he was responsible for overseeing valuation standards in UK and linking in to International Valuation Standards (IVS). As an expert witness, David has acted on the behalf of many unusual properties such as theme parks, car parks and top hotels. A very experienced valuer and property professional, David Rusholme has been FRICS qualified since 1998. and today, he is Head of Professional Services at Chestertons – a firm which deals with a wide range of property situations. Mr. Rusholme is a well known and highly respected expert witness having appeared in Court both in England and Scotland. He has also attended several high profile mediations. David has attended court many times in civil claims, matrimonial matters and even criminal cases and has acted as a Single and Joint expert in the family Court. His specialist areas include fraud and professional negligence claims.
The expert witness services of Chestertons and in particular, David Rusholme take a no-nonsense approach on giving an unbiased and honest opinion. The company's impartial advice is provided whilst tapping into a wealth of practical experience which exists in the firm as a whole. “Instructing an expert who is truly independent can save much time and money,” David explained. “I believe the opinion given at the outset must stand the same level of scrutiny as the court process itself.” As an FRICS qualified Chartered Surveyor as well as a member of The Expert Witness Institute, throughout his career in property consulting, David Rusholme has accepted instructions on a range of cases as an expert witness. Examples include:
• A case where a surveyor was accused of over valuing a property by more than £10m. By looking at the contemporary evidence and stating what the valuation practice was at the valuation date, David's evidence led to a very successful mediated outcome. • Parties to a divorce needed guidance on a whole portfolio of property across the UK. David acted as single joint expert and guided both sides through their questions and concerns - resulting again in a successful outcome outside court. • David acted on behalf of the owners of a prominent house in one of the best areas of Mayfair to demonstrate it was not being sold at an under value. The whole process was concluded within 5 days at Court from start to finish. • An expert was needed to prove fraud in the sale of 10 properties in the UK and David provided advise involving 5 days in the witness box which assisted in a successful prosecution.
David comments that there “are a number of common areas where solicitors and other professionals seek expert valuation advice.� His top ten expert property areas are: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Disputes over professional negligence such as potential over valuation of property. Potential mistakes by solicitors in conveyancing or drafting leases. Disputes over land development agreements. Matrimonial disputes where the parties need a single or joint property expert. Advise for tax calculations regarding land and property values, such as CGT where valuations dating back all the way to 1982 are sometimes needed. Surveyor representation for rent reviews or lease renewals Expert appointments for surveyors or valuers under leases or land contracts Probate valuations which need to be professionally prepared to avoid challenge by the tax authorities Dispute arising from litigation, administration or receivership of property assets The need to value property involved in fraud cases.
For further information, please contact David Rusholme at Chestertons Property Consultants
Tel: 020 3040 8250, email: david.rusholme@chestertons.com or visit the firm's website at www.chestertons.com
PJD Surveyors are a chartered building surveying practice offering building surveying services in the commercial marketplace. Based in Kent they regularly provide service for clients in London and the South East generally. PJD Surveyors are full members of RICS (Royal Institution of Chartered Surveyors), so you can be confident that they are equipped to handle your commercial or residential building surveying assignment for any type of portfolio. They offer a broad range of services to help clients with all aspects of building care, repair and design. PJD Surveyors provide a Professional surveying service to assist Solicitors’ and their Clients in property related matters.
Providing technical support as part of the team supporting the Client, where disputes occur with risk of court action being taken by or against a party. Peter Day has been involved in the preparation of Expert Reports for Court for over two decades. In that time we have provided reports on a variety of building defects, contract disputes and boundary disputes. Peter Day has given verbal evidence in both the County Court and High Court Following the “Woolf reforms” PJD Surveyors have been instructed as a joint agreed expert in various matters subject to court action.
RESIDENTIAL
• Building surveys • Homebuyers surveys • Valuations • Party Wall matters including Party Wall Awards • Building alterations including Building Regulation and Planning • Building defect reports • Boundary disputes
COMMERCIAL
• Building surveys • Party Wall matters • Dilapidations both Landlord and Tenant • Tenants alteration • Disabled Access Audits For further information please contact: Peter Day | PJD Surveyors 4 Bloors Lane, Rainham, Kent. ME8 7EG Phone: 01634 26 36 16 | 07977 003 104
ADJUDICATION Asbestos expert witness/opinion Overview
Challenge
A ÂŁ362 million demolition and construction project, suffered significant unexpected costs and project delays due to several asbestos discoveries, for which the contractor sought compensation events. Appointed following the completion of all asbestos abatement and remediation works to those affected areas.
Working within a large team incorporating 3 experts from different fields, required specific and timely communication to achieve both aims and deadlines. Instruction was received following the completion of all surveys and asbestos remediation, with areas having been demolished and excavated. The quantity of reports and information relating to the works particularly records of instruction and communications between parties was extensive. Conflicting information between contractors and the client, meant that thorough reviews of all information and the creation of an exact timeline relating to the matter was necessary.
Project Summary Instructed by the client and their appointed solicitors to provide expert opinion as part of an adjudication process under NEC 3 contract. Expert opinion was sought on the inspections standards of the appointed consultant and the subsequent actions of the main and principal contractors in their addressing asbestos related discoveries. Specifically, an assessment of costs relating to removal and reasonableness of costs against works undertaken.
Sector Commercial/construction.
Location Undisclosed – UK
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ADJUDICATION Asbestos expert opinion/witness Approach
As with all expert opinion works undertaken by Matthew, his approach is always to remainChallenge independent and verview report all matters to the client irrelevant of instructing £362 million demolition and within a large team incorporating 3 experts from different party. project, The starting point was theWorking formulation of a and timely communication to achieve both aims nstruction suffered fields, required specific nificant unexpected costs and timeline to determine site activities and dates, thisInstruction was and deadlines. was received following the completion of all oject achieved delays due to several surveysofand asbestos remediation, with areas having been demolished through the thorough review 4 months bestos discoveries, for which the and excavated. The quantity of reports and information relating to the individual captured on time-lapse camera. The ntractor soughtimages compensation works particularly records of instruction and communications between ents. use Appointed following the parties extensive. Conflicting information between contractors and of the visual aids helped determinewas appropriate mpletion of all asbestos the client, meant that thorough reviews of all information and the opinions and observations working practices atement and remediation works relating to creation of an exact timeline relating to the matter was necessary. thoseand affected areas. dates and times. Alongside this review evidence Approach identifying all relevant correspondence and instructions roject Summary relating to all survey and remediation to ensure As works, with all expert opinion works undertaken by Matthew, his approach is always to independent and report all matters to the client suitable could surveys tructed by theopinions client and theirbe made against initialremain irrelevant of instructing party. starting point was the formulation of • TheExposure pointed solicitors to provide and further instructed reports or remedial exercises. a timeline to determine site activities and dates, this was achieved pert opinion as part of an The interpretation of site works completed through review of 4 months individual images captured on through the thorough udication process under NEC 3 time-lapse camera.on The •use ofSurvey/Analytical the visual aids helped determine quality & practice ntract. Expert opinion review of reports andwas methods helped form opinion appropriate opinions and observations relating to working practices and ught on the inspections standards competencies of individuals carrying out site surveys, evidence dates and times. Alongside this review identifying all relevant the appointed consultant and the correspondence and instructions relating to alldisputes survey and&remediation remedial other • Remedial standards bsequent actionsworks of the or main and investigations in the absence works, to ensure suitable opinions could be made against initial surveys ncipal contractors in their of any training records being provided. Such reviews and further instructed reports or remedial exercises. The interpretation dressing asbestos related helped Specifically, provide opinions against ofHealth & completed Safety through site works review of reports and methods helped coveries. an • Compliance form opinion on competencies of individuals carrying out site surveys, essment of costs relating to Executive (HSE) Regulations, Approved Codes of remedial works or other investigations in the absence of any training moval and reasonableness of Practice (ACOP) and guidance relating asbestos records to being provided. Such helped provide opinions against sts against works undertaken. • reviews Testing Health & Safety Executive (HSE) Regulations, Approved Codes of Practice also accreditations to relevant standards and affiliations (ACOP) and guidance with associated trade bodies and their considered goodrelating to asbestos also accreditations to relevant ector standards and affiliations with associated trade bodies and their practice. Appraisal of reasonableness of costsgood and time considered practice. mmercial/construction. Holder of the Cardiff University Law was undertaken with programme and contract experts Appraisal of reasonableness of costs and time was undertaken with School & Bond Solon CUBS) appointed by the client, whereby suitable opinions programme andwere contract experts appointed by the client, (whereby ocation suitable opinions were provided based on all information. provided based on all information. civil expert certificate.
Expert witness & opinion on:
disclosed – UK
Project Outcome
Project Outcome
Report provided as part of adjudication and adjudicator found in favour of the client, the contractor submitted programme related delays and costs were significantly reduced.
Report provided as part of adjudication and adjudicator found in favour of the client, the contractor submitted programme related delays and costs were significantly reduced.
E:matt@principis.co.uk W:www.principis.co.uk
Everything we do is unde as exemplified by
Specialist Engineering, Materials and Environmental Consultants RSK is a specialist firm of engineering and materials consultants. The group encompasses a wide range of professional engineers, scientist and technologists, with extensive experience in litigation, arbitration and other forms of dispute resolution. The ever-changing landscape of environmental, health and safety legislation has significantly altered how organisations do business. Recent economic conditions, case law and changes in the sentencing guidelines for environmental and health and safety law are also increasing the number of cases brought forward requiring expert opinion both in defence and prosecution. At RSK, we have found that it is the ability to understand and explain the complex technical issues that lie behind such disagreements that is vital to a project or case’s success. Our team of experts has extensive experience of delivering expert witness support in a range of disciplines. Our services can be tailored to offer assistance across the spectrum of project scales. We have supported legal consideration of local, site-specific cases and complex cases having both national and international significance. Our expert witness service provision now encompasses disciplines throughout engineering, building materials, environmental, health and safety, horticultural, agricultural and land management issues. Our group is regularly asked by the legal community to provide assistance from our expert witnesses so that they can grasp the complexity of concerns, and those who are involved in the dispute may require our expert advisers to help develop their case.
Our areas of e BUILDING MATERIALS: Building material and structural failure disputes, and litigation cases involving asbestos are also areas where RSK staff have been able to offer expert witness evidence. ECOLOGY AND RURAL SCIENCES: Our experts in agriculture, agronomy, arboriculture, soil and land drainage provide robust evidence for criminal prosecutions and defence. Our ecologists supply ecological data to inform land use change, new infrastructure projects and large-scale planning applications. HEALTH AND SAFETY: RSK’s specialist health and safety experts provide support on general compliance matters, industrial safety, food safety, construction safety and fire.
RSK provides these services through a combin and respected professional consulting via
RSK Environment Ltd | 18 Frogmore Road | Hemel Hempstead | Hertfo
erpinned by a commitment to quality, environmental, health and safety excellence, y our certification to the ISO 9001, ISO 14001 and OHSAS 18001 standards.
Our team is also knowledgeable with regard to civil disputes that arise, including design, site investigation, materials and structural issues, and sometimes a combination of these aspects. RSK can provide a wide range of expert witnesses to assist parties in such disputes, variously acting for claimants, defendants or, in some circumstances, for all parties on a ‘single-joint’ basis. Our services are based on compliance with the Civil Procedure Rules (CPR 35).
All our senior experts have experience of providing expert reports, participating in experts’ meetings and, ultimately, giving oral evidence in court or during arbitration, inquiries and, increasingly, mediation. Occasionally, similar skills are required for assisting the police, the Crown Prosecution Service or defendants in criminal cases.
expertise include:
LAND CONTAMINATION, GEOTECHNICS AND ENGINEERING: RSK has assisted with dispute resolution cases relating to the liabilities associated with contaminated land/Part 2a determinations. In addition, the company has provided geotechnical evidence concerning foundations, pipelines and other infrastructure, and specialist engineering expertise to help with flooding and sustainable drainage issues.
Work undertaken Nationwide and International
PLANNING AND ENVIRONMENTAL IMPACT ASSESSMENT: Numerous clients have been helped to obtain planning consent on a wide range of contentious projects through expert witness services for key environmental impact assessment areas, including archaeology and cultural heritage, ecology and landscape and visual impact. WASTE MANAGEMENT AND COMPLIANCE: RSK has been involved in several waste-related expert cases involving construction waste, particularly a Crown Court case involving four operational waste processing sites.
nation of its group companies, including long-established a the RSK, ADAS, Structural Soils and Acies brands.
Contact: Dr Ian Sims
ordshire | HP3 9RT | 01442 437500 | info2@rsk.co.uk | www.rsk.co.uk
Expert Witness Established in 1972, Clancy Consulting is an independent, multi disciplinary engineering practice with 10 regional offices, employing Civil, Structural, Mechanical, Electrical and Geo Environmental Engineers and Surveyors, providing engineering design, building surveying and advisory services across the built environment. Our mission is to provide high value and sustainable multi-disciplinary services, respected for excellence and innovation and for contributing to the improvement of the built environment, whilst fostering strong working relationships with our clients and providing a stimulating and diverse place of work. Clancy has been listed eight times in the Building Good Employers Guide as one of the top 50 firms in the industry. Our Engineers are frequently called upon to assist Courts and other judicial bodies to resolve disputes. This assistance can range from informal review of documentation through to the production of an Expert Witness report compliant with Civil Procedure Rules, or a Single Joint Expert Report. Clients include Solicitors, insurance companies, Loss Adjusters and individual property owners, and we have long standing relationships with many of our clients.
It is an unfortunate fact of life that disputes of various kinds abound within the UK Construction Industry. Many theories have been advanced as to why this is – the 'first-past-the-post' tendering system, low profit margins, intense competition, complex supply chain mechanisms, lack of Professional Regulation, skills shortages etc but there is little indication that dispute numbers are falling. It is of vital importance that any Expert Advisor/ Witness appointed not only has considerable experience of the matters at hand but is also able to assist Solicitors considering the merits of the claim, explain their views etc in a clear, concise way and, are able to effectively deal with what can often be hostile cross-examination in Court. Our engineers have given evidence in court, in mediations and at public enquiries. Clancy Consulting have worked closely with NHBC for over 15 years, investigating some of their largest and most complex claims, which have involved all types of building defects, and typically relate to apartment blocks. Following investigation and diagnosis of the cause of failure, our Engineers worked closely with NHBC's senior Claims staff, policy writers, and their in-house technical and legal teams to agree remedial schemes that ensured policy and technical compliance, offered pragmatic and cost effective repairs and minimised the impact work would have on residents.
www.clancy.co.uk
We then specify and Project Manage the works. Technical knowledge, good communication, pragmatism and ‘soft skills’ are necessary throughout the process to ensure we can work effectively with all parties involved. As a result, our Engineers have seen the worst of what the building industry has to offer, which has given our engineers an in-depth knowledge of how to avoid such issues, how to deal with them and, above all how to incorporate good practice into our specifications and documentation to avoid them. It has also given us a most valuable insight into the workings of the Construction Industry against which we can form our views on why a dispute has arisen and where culpability may lie.
Only our most Senior Engineers with appropriate Professional qualifications and many years of design and construction experience can be considered for Expert Witness work. Additionally, they must possess excellent communication skills and present themselves in a confident manner. Our philosophy is that only someone who has personally undertaken specific design tasks and overseen construction on site, can be considered for any role in Forensic Engineering, leading to possible Expert Witness appointments.
Services Building Appraisal Building Services Engineering Civil Engineering Engineering Surveying Geo Environmental Engineering Structural Engineering Transportation and Highway Engineering
www.clancy.co.uk
Recent Expert witnessappointments include : Collapse of a masonry retaining/boundary wall onto Network Rail track.
live
Numerous appointments in relation to trees/subsidence. Numerous appointments in relation to vehicle impact damage. Personal injury as a result of the failure of a timber staircase. Possible Carbon Monoxide poisoning in a sheltered accommodation from faulty boiler flue installation Review of ventilation systems and fire damper installations in two Care Homes . Fire damage assessment report on a Court building undergoing refurbishment in Central London. Expert report with respect to overheating of a lightweight, highly glazed roof extension. Major flood into the basement of a Grade 2 Listed property due to burst effluent pumping main.
We offer Expert advice in the following areas : Structural failure and collapse Insurance investigations Subsidence and foundation failure Damage by fire / flood / storm All types of building defects Defective materials and workmanship Schedules Of Condition Building services Geotechnical Engineering Construction accidents Personal injury
Defending Consulting Structural Engineer on PI claim for negligent building foundation design.
Health and safety
SJE report on a dispute between a Main Contractor and Piling Sub-contractor regarding the value of the Final Account for the piling works.
Drainage, flooding and flood risk
Expert report on unsafe demolition working which led to personal injuries suffered by a machine operator. Expert report on cause of a landslip in Central Wales.
Professional negligence Forensic engineering
Clancy consulting has been checked and verified for inclusion in
The Expert Witness Directory 2018. The Directors and senior members of staff are registered with one or more of the following professional bodies : Association of Project Management Association for Consultancy and Engineering Chartered Institute of Arbitrators Chartered Institute of Building Chartered Institution of Building Services Engineers Institution of Civil Engineers Institution of Engineering and Technology Institute of Healthcare Engineering and Estate Management Institution of Highways and Transportation Institution of Mechanical Engineers Institution of Structural Engineers Royal Institution of Chartered Surveyors Timber Research and Development Association UK Timber Frame Association
Surveying Clancy Consultings Engineering Surveying department specializes in the inspection and investigation of all types of buildings and structures, defect diagnosis, specification and project management of remedial works and refurbishment. Many of our appointments are multi-disciplinary as we have the in house capability to diagnose all types of building defects. Our engineers appreciate buildings and virtually all members of the multi-disciplinary surveying team have over 20 years engineering surveying experience. Advice relates to industrial, commercial, residential, public, historic buildings and other structures, and we take pride in offering technically robust and pragmatic advise based on our extensive experience and a full understanding of our clients needs and aspirations. We inspect buildings and structures for regular maintenance purposes, at change of lease or ownership, when issues become apparent, or at feasibility stage prior to development or refurbishment to advise on their general condition, any essential remedial work required, their load carrying capacity etc in advance of the main project design. Our main project teams provide full engineering design support where required.
For more information, in the first instance please contact richard.johnson@clancy.co.uk or call Rich on 07831 805763 www.clancy.co.uk
G E Findlay
B Sc., LLB., C Eng., C.WEM., M I Mech E., M W I S A .
www.rbcsewage.co.uk Tel: +44(0)1564 777660 Mob: + 44(0)7887 590075
Eric Findlay is both a Chartered Civil Engineer and a Chartered Mechanical Engineer. He is also a Chartered Water and Environmental Manager . He has many years experience in the design and construction of sewage treatment, sewerage and water related schemes with both water companies and consulting engineers. For many years He was a Principal Engineer with Severn Trent Engineering during which time he developed the Severn Trent Rotating Biological Contactor (RBC) and Reed Bed Process which treats all sewage ( including storm flow) to a crystal clear standard.This was a new process for the water industry. Working with the then Cranfield University School Of Mechanical Engineering he resolved the mechanical problems traditionally associated with RBCs making him a world expert in the field. He is also very familiar with other types of small sewage treatment works as well as much more major installations His main responsibilities with Severn Trent however was to manage a number of design teams implementing the Severn Trent multimillion GBP capital works program. On leaving Severn Trent Water Ltd he joined an international company heading up their RBC department where he was responsible for all aspects of the RBC business and the further development of RBCs to achieve a 30 year life. He now runs his own company, Sewage and RBC Solutions Ltd undertaking a variety of Expert Witness and other specialist work.
“ He is the author of many papers and has received a number of awards"
Registered Office:336 Station Road, Knowle. Solihull, West Midlands B93 0ET
The principals of Laslett International have over 40 years experience in the successful delivery of major capital projects globally. This experience covers the full range of project and technical management of projects as well as the operational management of complex process facilities both on and offshore. Our principals have provided experts for dispute cases for over 29 years. We have vast experience in the offshore oil and gas, petrochemicals, shipbuilding, electricity power generation, renewables energy and infrastructure sectors worldwide. Our Managing Director, Bob Laslett CEng, FEI, FIET, FICCPM is an acknowledged world expert in project management, project controls and project planning and scheduling having worked with many global enterprises such as BP, Shell, ConocoPhillips, ADNOC and EDF, etc. Bob is a founding member and Honorary Fellow of the Association for Project Management. Our Technical Director, Mike Payne CEng, FIMechE, FEI, MIIRSM is an acknowledged world expert in project engineering, mechanical engineering, operational health and safety, technical integrity and risk management having worked with BP, Shell, British Columbia Hydro, etc. Mike was for many years the Chairman of the oil industry Oil Spill Response organisation.
The industry sectors we are experts in include: • • • • • • • •
Offshore Oil and Gas Petrochemicals, Chemicals & Industrial Process Plants Shipbuilding & Marine Electricity Power Generation Renewables – Wind, Wave, Tidal, Solar, Biofuels Civil Construction & Mechanical Engineering Mining, Manufacturing and Pipelines Infrastructure & Utilities
+44 (0) 1303 656000 | info@laslettint.com | www.laslettint.com
Our expert witness case studies have included many very different and complex projects both offshore (North Sea, GOM, Caspian Sea, Offshore Brazil, Middle East and North Africa) and onshore energy / oil and gas, infrastructure and process plant projects. They have ranged from power stations to offshore wind farms, FPSO conversions to pipeline, salt cavern gas storage and LDPE process plant construction to oil refinery accidents. They have concerned ‘misrepresentation’, expert determination, the effect on project costs due to changes in world market for superalloy steel, re-building of a drilling rig sunk due to an accident and the theoretical re-sale valuation if dismantled of completed offshore oil production platform modules. As experts we have given evidence and been cross-examined on numerous occasions, including Queen’s Counsel. These expert commissions have involved the UK Commercial Courts, LCIA, ICC, LMAA and the Technology and Construction Court. We have also been involved in cases in the Magistrates’ and Crown Courts and overseas courts in Norway and the DIFC Courts in the Middle East.
Laslett International provides Expert Witness services for a range of subject matters including the following. DELAY
• Delay Cause & Effect, EOT • Critical Path Analysis • Project Planning and Scheduling Our experts have experience in the application of all delay analysis methodologies together with critical path analysis and other forensic practices
TECHNICAL
• Construction and Engineering (Mechanical, Electrical, Civil & Structural) • Project Engineering • Project Management and Procurement
DUBAI . LOS ANGELES . LONDON . M
Our technical experts have been instructed on high profile international dispute cases that have involved carrying out audits, inspection, investigating defects, interrogating documentation, technical integrity, risk and identifying compliance breaches. QUANTUM
• Contracts • Cost Engineering • Work Measurement
Our quantum experts have experience in all methods of measurement, how to evaluate delay, disruption, and valuing work under various forms of contract.
ENVIRONMENTAL, HEALTH & SAFETY
• Risk Assessment & Evaluation • Audits and Compliance Reports • HAZOP/HAZID • Operational Safety and Safety Reviews We are familiar with working with either the owner or contractor in complex and challenging dispute cases. We have experience in working with legal teams both in the UK/Europe, Norway, Russia, Singapore, Hong Kong, Middle East, USA and Brazil.
MELBOURNE . SINGAPORE . SAO PAULO
www.laslettint.com
VCM Index is an innovative digital application that uses visual communication of data linkages to significantly improve case management:
• • • • •
View case data structures that are more intuitive to navigate. Present case information using a visual story telling mode. Indexed data enables case information to be searched and found easily. Secure cloud-based solution enables access from any internet connection. Share case information and collaborate online in real-time.
At Laslett International as part of a continual commitment to extend and develop the range of services we offer, we have developed a unique application (VCM Index) which ‘organises case information through visual structures’. We have many accreditations including holding corporate as well as individual memberships of various organisations such as the Association for Project Management, Decomm North Sea, UK Register of Expert Witnesses, International Centre for Complex Project Management and the Energy Institute.
To discuss your specific expert requirements contact : Laslett international limited
T: +44 (0) 1303 656000 E: info@laslettint.com W: www.laslettint.com
+44 (0) 1303 656000 | info@laslettint.com | www.laslettint.com
Rod Appleyard Chartered Building Surveyor Rod Appleyard is a Chartered Building Surveyor and trained in the compiling and delivery of expert witness reports/giving evidence. His area of expertise includes Fenestration and all facets of building envelope defects. He is knowledgeable of all facets of construction dispute and regularly works as an independent expert witness within a within a legal team. Rod Appleyard has been fully trained in all aspects of expert witness instruction including the delivery of his expertise in a courtroom environment including that of a single joint expert instruction. His instructions have included construction and fenestration defects, contractual and specification matters and Adjudication or Arbitration of disputes between householders and their contractors or contractors / contractors.
• • • • • • • •
He accepts instruction in relation to dispute surveys, expert witness reports and Safety and Arbitration surveys and is Expert in:
Building Envelope, Fenestration & Glass related personal injury, Double Glazing, Curtain Walling, PVC, Timber and Aluminium frames and Structures - Furniture Glass. Glazing / Stained & Coloured Glass, Rain Screen Cladding and other masonry envelopes, for both domestic and commercial clients along with personal Injury claims relating to glass.
Trained in the discipline of delivering expert witness reports in court, also a listed Adjudicator, Arbitrator and Accredited Mediator. Rod was trained at Cardiff University and is an accredited Expert Witness (Faculty of Law). MSc, BSc (Hons), Accredited Member of the London School of Mediation.
Rod is a Member of the following organisations: • • • • • • •
FRICS (Fellow of the Royal Institution of Chartered Surveyors), FCIArb (Fellow of the Chartered Institute of Arbitrators), MCIOB (Member of the Chartered Institute of Building), FPD (Fellow of Prime Dispute), MBINDT (Member of the Institute of Non-Destructive Testing), MEWI (Member of the Expert Witness Institute). A Member of the Federation of Forensic and Expert Witnesses.
PO BOX 10, BINGLEY, WEST YORKSHIRE, BD16 1XT T: 01274 569912 | E: VAssc@aol.com
+44 (0) 29 2054 0000 mtd@minton.co.uk minton.global
The Minton Treharne & Davies Group provide scientific consultancy, surveying and testing services to a worldwide client base from our offices in the UK, Europe, USA, Asia and Australia. With over a century of experience, MTD has an international reputation for delivering superior independent scientific services and expertise to industry. MTD's laboratories offer one of the most comprehensive independent facilities in the UK, offering a wide range of analytical testing and inspection services across virtually all industry sectors. Our staff include Chemists; Chemical, NDT and Marine Engineers; Mariners; Metallurgists; Materials Scientists and Microbiologists with the majority being highly qualified in a wide range of scientific and technical disciplines. Many are notable figures in their industries and sit on the committees of international institutions including ISO, ASNT, BSI and the EI. All work is carried out to forensic standards and we encourage independent audits of our performance. We hold an unusually wide range of accreditations and approvals including UKAS, CAA, NADCAP and are accredited Expert Witnesses under a number of schemes. MTD provide a comprehensive consultancy and investigation service to a wide range of industry sectors specialising in the forensic investigation of incidents and claims. We also advise many clients on loss prevention and risk management and conduct focused problem solving research.
Using our extensive experience we provide a totally independent claims investigation and management service covering a diverse range of products and commodities.
MTD's extensive facilities and experienced technicians analyse and diagnose material failures and their causes and evaluate microstructures. Our Consultants are experienced in providing evidence in court and at arbitrations, in the UK and overseas. All of the work undertaken by Minton, Treharne & Davies Ltd. is carried out to a forensic standard. Forensic Investigations: The term "Forensic" can be defined as "of, or relating to, the courts of law". It comes from the Latin "forensis", which is translated as forum. A forensic investigation is an investigation that is relevant to and may be used in a court of law, and therefore any investigative work that is done to a forensic standard must be carried out to a high enough standard that it may be presented in a court of law.
This involves ensuring that: All personnel involved are properly trained and qualified. All work performed is properly recorded with photographs as may be required. Any samples taken, analysed or tested are traceable and that a chain of custody can be established. All work is carried out diligently. There are proper records of the calibration and suitability of any equipment and consumables utilised. There is no question as to the integrity of the work or personnel carrying out the investigation. As a result there is complete confidence in the results of any investigation. The majority of our consultants are experienced Expert Witnesses who have spent many hours giving evidence in court or arbitration both in the UK and abroad. Minton, Treharne & Davies Ltd. is represented in the Directory of Expert Witnesses, the Bureau of Arson Investigators, the Academy of Experts, the UK Register of Expert Witnesses, the Forensic Science Society and the Register of Forensic Practitioners.
Contact Richard Minton
PROFILE T: 01494868868 M: 07768497005 41 High Street, Prestwood, Buckinghamshire, HP16 9EJ
Bob Swayne is a qualified building services (M&E) consulting engineer with over 50 years of experience in the design, specification, installation and maintenance of mechanical & electrical engineering services for healthcare, commercial, retail, educational, residential and leisure facilities located both within the UK and the Middle East. Since starting The Hampden Consultancy in 1993 he has been frequently involved in the dispute resolution process, providing technical opinions and preparing expert reports on matters relating to mechanical & electrical engineering services in claims valued between ÂŁ10,000 and ÂŁ10 million. As part of his duties he has provided advice to clients and their legal representatives in respect to the technical and/or contractual aspects related to mechanical & electrical engineering services, including issues concerning the maintenance of such installations, as well as issues relating to professional negligence by members of design and/or project management teams. To that end he often acts as an expert adviser in the first instance, preparing reports on issues relating to the failings of installed mechanical & electrical engineering services on behalf of clients and their legal representatives considering possible litigation/adjudication/arbitration proceedings, looking objectively at a dispute from all perspectives and outlining the technical merits or otherwise of the particular claim. He sits on a number of technical committees, helping to prepare technical publications on a number of topics related to mechanical & electrical engineering services, including providing input as a result of his expert witness work.
T: 01494868868 M: 07768497005 E:enquiries@thehampdenconsultancy.com W: www.thehampdenconsultancy.com This extensive experience and depth of knowledge means that he is in high demand as an expert witness, using his technical expertise and wide experience to encourage parties to a dispute to seek settlement and agreement in preference to litigation wherever possible. Indeed, in 90% of claims on which he has been appointed, these have settled in his clients’ favour following the issue of an expert report without further recourse to the legal process, be it litigation, arbitration or adjudication.
Bob Swayne
He can act as a party-appointed expert in accordance with either the Civil Procedure Rules or the Criminal Procedure Rules and as such he has given oral evidence in court, both in the Technology & Construction Court and at arbitration and adjudication hearings across the UK, as well as attending mediation meetings. He also accepts appointments as a single joint expert, either by agreement of the parties to a dispute or at the direction of a court.
For a list of recent cases click here
Professor Peter Robery FREng CEng FICE FICT FCS
With over 38 years in the construction industry, I know how important it can be to find the right independent professional advice when you need it most. During my career, I have provided troubleshooting services to both the civil engineering and building sectors. I specialise in solving problems with concrete materials technology, applied to both new build construction and the management of existing assets that are deteriorating prematurely or unexpectedly. With experience in all common construction materials, including masonry, concrete and steel corrosion, I can offer you the latest advice in forensic engineering and deterioration management for your assets, including maintenance and remediation strategies.
Forensic Engineering and Expert Witness I am a Chartered Civil Engineer, recognised at the highest level by the Engineering Institutions, and am familiar with the Duties expected of an Expert in Civil and Criminal cases. I can cite over 30 instances of where I have given evidence in proceedings, as summarised in my CV that can be downloaded from my website. I am founder/director of Robery Forensic Engineering Limited.
An accredited expert in failure investigation & f on concrete and construction issues, with ex Court, Arbitration, Mediation, Adjudication & P
• Appearance of Structures • Basement Concrete Constr • Brickwork, Stonework, Masonry, Ca • Car Park Specification, Construc • Coatings for the Protectio • Concrete Compliance, Specification an • Concrete Placing, Bleed • Diaphragm Wal • Disaster Investigations, Including • External Concrete Hardstanding • General Forensic Examinatio • Industrial Warehouse Ground • Liquid-Retaining Structures, W • No-Fines Concrete and O • Paints, Coatings and Me • Performance of Air-entraining • Piled Concrete Flo • PQ Concrete and Requirem • Sewage Treatment and Soft • Steel, Carbon and Polyprop • Test Methods for Concrete • Tramways and Light Rail
forensic engineering, I have given evidence xperience in Technology and Construction Public Inquiry. My fields of expertise include:
s and Visual Assessment ruction and Waterproofing ast Stone and Mortar Compositions ction, Maintenance and Repair on and Repair of Concrete nd Quality Control To EN206/BS 8500 and Shrinkage Cracking ll Construction g Fire, Bomb and Water Damage gs and Freeze/Thaw Resistance on of Construction Failures Floors, Screeds and Toppings Water Stops and Leak Sealing Other Concrete Housing embranes For Concrete g and Workability Admixtures oor Construction ments for Air-entrainment ft Water Attack of Concrete pylene Fibre-Reinforcement e and Data Interpretation l In Concrete Surrounds
Contact Details Professor Peter Robery FREng CEng FICE FICT FCS Director, Robery Forensic Engineering Limited RAEng Visiting Professor in Forensic Engineering, The University of Birmingham
01564 205215 07961 098374 pcr@roberyforensics.com www.roberyforensics.com
DAMIAN JAMES provides construction and engineering focused services. The Group h in the field of commercial and contractual consultancy, bridging the gap between tec DAMIAN JAMES operates from Johannesburg, Durban, London and Manchester and is s commercial and contractual consultancy field. Our highly professional team is qualified leading industry experts in the fields of planning, claims, disputes, commercial, contrac
www.damian-james.co.uk
Biography:
has extensive and global experience chnical, legal and financial sectors. set to become a global leader in the d to work across several sectors as ct and project management.
Damian is a delay and quantum expert with 30 years of experience in construction projects. He has extensive direct experience of working on contractual disputes for contractors, subcontractors and employers which provides a sound basis for more than 60 expert commissions. Damian has worked on projects internationally and has been appointed as an expert for disputes across Africa, Europe and the United Kingdom. Damian has particular expertise in large scale power stations (both coal and solar powered), oil and gas, mining, rail, roads, stadia and commercial buildings Damian is strong working with forensic planners and quantity surveyors, he is a strong team leader and team player who focuses his strategy on the most appropriate solution for the matter at hand. Damian's particular experience is in delay analysis and complex disruption valuation, disentangling global claims to establish the relationship of particular cause and effect, particularly in matters of dominancy and concurrency. Damian is client facing and is an exceptional quantity surveyor who presents his determinations in an expert manner by using detailed analysis that integrates the delay and quantum assessment to determine the entitlement of submissions. Damian's experience is as a party-appointed expert, tribunal-appointed expert and as a mediator in large dispute resolution. Damian continues to be highly regarded by the barristers and solicitors that he has worked with in the UK and Africa and receives particular commendation on his ability to understand his brief, present concise written reports and provide an erudite articulation of matters under examination to the tribunal. WWL says: Damian James is a highly regarded delay and quantum expert who boasts vast experience advising on sophisticated projects in Africa.
UNITED KINGDOM London & Manchester Mobile: 0044 7961 823006 Telephone: 0044 161 920 7993
SOUTH AFRICA Gauteng, 40/3 Ash Road, Kyalami, Johannesburg. Telephone: +44 207 099 8799
Clear and accurate information when you need it most! avonfireses@gmail.com | malcolmjenks@gmail.com | 07747475455 Avon Fire Scene Examination Services is an independent Fire Investigation and Fire Safety consultancy. We have a strong professional ethos and always strive to provide a thorough, accurate, reliable and timely service to our clients.
Our principal consultant Malcolm Jenkins has extensive experience in the fire industry including:
• • • • • • • • • •
Fire Investigation to establish origin and cause. Civil and criminal cases. Preparation and presentation of evidential reports. Incendiary devices and substances. Domestic and commercial premises. Examination of fire damaged vehicles. Evaluation of fire safety measures. Case review. Regulatory compliance. Negotiation with enforcing authorities.
Mr Malcolm Jenkins MSc, GIFireE, MCSFS Fire Investigator & Fire Safety Consultant
www.avonfiresceneexaminationservices.co.uk
EXPERT WITNESS SERVICES Barton | Cambridge
2019
Federation of ederation of
Expert witnesses sic Forensic & Expert&witnesses
Health and Safety Law | Construction | RC Frames | Civil Engineering CDM Regulations | Investment Casting Wax | Heavy Manufacturing Automotive | Aerospace | Events | Warehousing | Risk Assessment Vulnerable Person | Young Persons - RA Lupus Consilium undertake Expert Witness instructions for legal procedings, as laid down in the CPR Part 35 and CrimPR Part 19, in cases involving Occupational Health and Safety. All instructions are carried out competently, independently and impartially. The resulting reports follow the model format laid down by The Academy of Experts. The company assist legal teams with expert technical knowledge, skills and experience in the field of Occupational Health and Safety and in the preparation and management of defence materials for their cases. They can also carry out reviews of previous investigations and reinvestigate, as required, to provide assistance for legal teams. Lupus Consilium Ltd is owned and run by Michele Jarvis (pictured) who started the company in August 2016. Michele has worked in a variety of industries including Aerospace, Construction (Building, Civil's and Tunnelling), Foundry, Healthcare and Retail. This allows her to understand the different types of hazards that are present in most industries as well as how to manage them and any residual risks.
Michele Jarvis MSc DipNEBOSH FIIRSM RSP CMIOSH MIIAI MABI AMICE
01223 263306 | 07941 329 932 | michele@lupusconsilium.co.uk | www.lupusconsilium.co.uk
MST Health & Safety Services & Greystone Associates MST brings together the experience of two leading health & safety consultants Eddie Braillard: CMIOSH, MIIAI, IMaPS Graham Cosham: ACIOB Tech IOSH, IMaPS, MInstLM, MInstCM Eddie has over 40 years civil engineering and construction experience, having worked in a consultancy and safety services capacity on major highways, water and construction projects. He is a chartered member of IOSH and on the register of OHSCR Consultants. He is a registered trainer with the CITB. Graham has worked in the construction industry both military and civilian for over 40 years up to the level of project manager. As a safety consultant for 25 years.
2019
Federation of Federation of
Expert witnesses Forensic Forensic & Expert&witnesses
Eddie Braillard: 01323 489822 Graham Cosham: 01273 505121 Eddie Braillard: 07898 966755 Graham Cosham: 07885 405231 info@msthealthandsafetyservices.co.uk grey.stone@ntlworld.com www.msthealthandsafetyservices.co.uk
Every company has a legal and moral responsibility to ensure the health and safety of its employees. Their combined multi-disciplinary experience covers all the main Health and Safety litigation support bases across the construction and industrial industry sectors and dealing with issues such as:
• • • • • •
CDM advisors/Principal Designer Site health and safety. Accident investigation. Safety inspections and audits. Fire risk assessment. Demolition and excavation.
Mr Graham Cosham & Mr Eddie Braillard 18 Boswell Walk Langney Eastbourne East Sussex BN23 7QL
Eddie Braillard: 01323 489822 Graham Cosham: 01273 505121 Eddie Braillard: 07898 966755 Graham Cosham: 07885 405231 info@msthealthandsafetyservices.co.uk grey.stone@ntlworld.com www.msthealthandsafetyservices.co.uk
01480 469367 | 07815 784003 | roger@thewoodshop.biz
Timber Consultancy And Expert Witness Services
• • • • • • • •
Over 30 years’ experience in wood products industry 25 years experience preparing Expert Witness reports Timber investigation into performance, fitness for purpose and cause of failure Specialist in wood flooring, joinery and use of timber in construction Expert opinion based on technical standards and current industry best practice Professionally trained and certified Expert Witness 2015, conversant with CPR 35 Single and SJE instructions undertaken Experienced in dealing with solicitors, counsel and giving evidence in court
www.timberconsultancy.co.uk
Award for Expert witness services to the Arboricultural industry 2019 It Gives us great pleasure to announce that the Federation of Forensic and Expert Witnesses has announced this years Independent Awards and has profiled one of its members for their outstanding work with in their chosen specialty in this case Tom from Arbor Cultural who works out of Surrey but covers the U.K market. This is for the lifetime of commitment he has given to the field of Arboriculture both to his customers and to the Expert witness industry. The Awards are independent to the Federation are designed to raise the profile and highlight in their opinion the best in their given fields of expertise. The Federation hope to bring this to the attention of the lawyers and barristers that follow them on linked in and who visit their site and read their E-mag that can be viewed at www.forensicandexpertwitness. co.uk.
Where trees cause damage to property or harm to people, indirect or direct damage to buildings, tree decay or tree failure cases, and protected tree matters (Tree Preservation Orders or Conservation Area issues). They only become involved in cases in these sectors as these are where their in-depth expertise and very substantial experience allow them to provide an unequaled service. They can advise in any of these subjects that may need a report writing for the courts. The Federation fully recommend Tom and are pleased to announce him as this year’s recipient.
Tom is a Surrey based expert and has a special interest in Arboricultural cases including all subjects like Arboricultural Expert Witness Work and covers the following subjects:
You can contact Tom now and ask for his help. Federation of
Forensic & Expert witnesses
Award 2019
Federation of Award for Expert witness services to
Tom with the award
Forensic & Expert witnesses
the Arboricultural industry
Arbor Cultural Ltd
W
e at Arbor Cultural Ltd. are able to undertake expert witness work. Tom has completed the Bond Solon Expert Witness training course 2017. This was run through Cardiff University in conjunction with the Consulting Arborist Society.
This covered the Civil Procedure Rules Part 35 for civil cases and the Criminal Procedure Rules 2015 Part 19 for criminal cases and the Code of Practice for Experts, so we at Arbor Cultural are able to cover expert witness work covering both civil and criminal proceedings. Arbor Cultural is based just outside Hampton Court, in Surrey, but has offices in West Sussex and Hampshire. Our main work area is the southeast of England, predominantly Surrey, Sussex, Hampshire, Kent, London, Middlesex and Berkshire but we will consider all work within reasonable travelling distance.
He is a professional member of the Arboricultural Association and is currently working towards becoming an AA Registered Consultant. He is the president of the Consulting Arborist Society (CAS) and is on their board and he is a member of the International Society of Arboriculture (ISA) gaining their Certified Arborist qualification. He is also currently working towards attaining Chartered Environmentalist status. Tom is also leading the arboricultural group involved with representing arboriculture for Building Information Modelling (BIM).
Arbor Cultural has been established for over four years now, however, our consultant, I S Thompson (known as Tom) has been working in the arboricultural industry for over 10 years. In addition, he has over 10 years’ experience studying and working in the environmental forestry and woodland management sector prior to that.
He has achieved a BSc (Hons) in Arboriculture through Myerscough College. This adds to the MSc he attained in Environmental Forestry through Bangor University.
His experience of working in both the public and private sectors means that he is well placed to know the requirements of the Local Planning Authorities (LPA’-s) including Statutory Legislation, Case Law, British Standards and local policies.
He worked as Connick Tree Care’s principal Arboricultural Consultant for a period of 2 years, from May 2012 to May 2014.Prior to that he was employed at Kings Lynn Borough Council, where he was their Tree and Landscape Advisor for 2 years. This involved sharing his time between the Leisure and Parks Department and the Development Services Department. This followed a period of 3 years working as a Trees and Woodlands assistant at St Albans District Council, based in the Planning Department but liaising with the Housing and Parks Departments. Tom is involved with advanced tree inspections involving sonic tomography and micro drills to assess the degradation and decay of tree stems to determine their structural stability and suitability for retention.
The Award Winning
Sussex | Hampshire | Surrey
Our Services Include: • Arboricultural Expert Witness Work • Tree Related Subsidence Assessments • Tree Related Mortgage/Insurance Reports • Tree Health and Safety Surveys and Reports • Advanced Surveys, Decay Detection Testing • Tree Vitality Chlorophyll Fluorescence • BS5837 Reports, AIA, and Method Statements • BS5837 Site Supervision • TPO and Conservation Area Tree Issues • High Hedge Consultancy • Tree Amenity Assessments
Serving London, Surrey, Sussex, Hampshire and the South East 36 Central Avenue | West Molesey | Surrey | KT8 2QZ
0333 577 5523 | 07899 984162 | admin@arbor-cultural.co.uk | www.arbor-cultural.co.uk
Mr Andrew Ebben BSc (Hons), Cert Ed, CMIOSH
Safety Consultant
I have over 30 years experience in swimming pool safety and in all aspects of aquatic safety, previously as a local authority safety officer, MD Institute of Qualified Lifeguards, Director of Education Royal Life Saving Society UK and Principal Consultant with Quality Leisure Management. Currently Principal Consultant with AQUA Leisure Safety and Training Services. I have over 25 years experience in accident investigation as expert witness in civil and criminal cases and for HM Coroners. Past vice Chairman of the National Water Safety Committee, Chairman of CEN Safety Standards Committee from 1993 until 2017 and CEN Principal UK Expert.
Principal Consultant
Honours Graduate, Chartered Member of IOSH, listed on the UK Occupational Safety and Health Consultants’ Register, Fellow of CIMSPA, Fellow of CIPD and a Graduate of the Institution of Fire Engineers.
Specialist in all areas of aquatic safety and in particular, swimming pool and pool diving accident investigation.
The Old Bakehouse, 10 Long Street. BELTON Leicestershire LE12 9TP 01530 222675 | 07985 412320 | andyebben@aqualeisuresafety.co.uk
www.aqualeisuresafety.co.uk
Mr Paul Harding BA(Hons) DipArch(Dist) RIBA MIoD AMAE
Chartered Architect Mr Paul Harding acts as an architect expert witness in cases involving building and construction investigations across the UK and Channel Islands.
His Reports Encompass: • Architecture • Design • Planning • Building regulations • Construction • Building defects • Contract administration • Professional negligence • Architect's appointments and fees Mr Harding can undertake instructions on behalf of either claimant or defendant or as a Single Joint Expert. The Academy of Experts Associate Practising Member - Expert Chartered Architect.
White Lodge | Wellington Road St Saviour | Jersey | JE2 7TE +44 (0)1534 768740 enquiry@bdkarchitects.com www.bdkarchitects.com
Award Winning Architecture
www.bdkarchitects.com
Award for Expert Witness Architectural Services It Gives us great pleasure to announce that the Federation of Forensic and Expert Witnesses has announced this years Independent Awards and has profiled one of its members for their outstanding work with in their chosen specialty in this case James Groux from Building Design Workshop Ltd who works out of Surrey but covers the U.K market. d
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This is for the lifetime of commitment he has given to the field of Construction both to his customers and to the Expert witness industry. The Awards are independent to the Federation are designed to raise the profile and highlight in their opinion the best in their given fields of expertise. The Federation hope to bring this to the attention of the lawyers and barristers that follow them on linked in and who visit their site and read their E-mag that can be viewed at www.forensicandexpertwitness.co.uk. James is a Surrey based expert and has a special interest in the spacial needs of physically impaired people and he has his own skillful approach to space planning to ensure that the best use of all areas of a persons home is explored and the benefits realised. He can advise in any of these subjects that may need a report writing for the courts. The Federation fully recommend James and are pleased to announce him as this year’s recipient.
James Groux Dip Arch RIBA MAPM, MAE Federation of
Forensic & Expert witnesses
Award 2019
Architectural Services
Federation of
James Groux
Chartered Architect Expert Witness
James Groux has over 40 years experience in the Industry. In that time he has developed skills in a number of areas and has acted as an expert witness in some of these. In particular James has become very specialised in understanding the spacial needs of physically impaired people and he has his own skillful approach to space planning to ensure that the best use of all areas of a persons home is explored and the benefits realised. In addition to his work in the field of property adaptation and space planning James has a wealth of experience in technical building issues.
Having been an architect for 40 years has given James an excellent foundation of knowledge. In addition he has also been a Building Contractor and Project Manager for the past 15 years and has developed an understanding of building techniques and potential risks that matches anyone in the industry. This makes him a valuable asset in cases of building failures.
Brief Resume of Experience
I have been involved with designing for disabled clients since 1983 and have been registered with numerous Councils as an expert with regards professional services in accomodation needs. My practice has also partnered Health Authorities in the renovation, new build and improvements for facilities for residents in care. My experience covers a wide field of health care work and has involved the Practice in numerous adaptations to individual houses for physically disabled clients. In practice I have been responsible for over two hundred minor and major adaptation projects and further projects comprising; Residential Care, Therapy Care, Nursing Care, Medical Practices, Care in the Community and designing for the needs of physically and mentally disabled people. I have been preparing reports for Solicitors and the Courts since 1990 and I am in the Register of Expert Witnesses. Many of my expert witness cases have resulted in me being retained by the claimants to design and administer major and minor works to their homes following court awards for provision of future needs. I am a practicing member of the academy of experts and i am now also a member of the federation of forensic and expert witnesses. I have given lectures and seminars on designing for the disabled and have taught Architects and Occupational Therapists on the subject of adaptation work. I have carried out a number of Access Audits on public and private buildings in order to address the requirements of part M of the Building Regulations and the guidelines encompassed with the Disability Discrimination Act.
James A Groux Dip Arch ARB / RIBA / MAPM / MAE
Airport House | Suite 43-45 | Purley Way | Croydon | Surrey | CR0 0XZ 07455 301000 | www.architectsbdw.com | www.expertsbdw.com
Sol Management Services Solomon N’Jie BA(Hons) and FdA in Crowd Safety Management Expert Witness Cardiff University Bond Solon (Civil) Cert UAV - Permission for Commercial Operations (CAA) Work Based Learning in Higher Education Level 5 NVQ Diploma in Spectator Safety Management Level 4 Diploma in the Remote Piloting of Unmanned Aircraft Systems for Commercial Operation Level 4 (ProQual) A Defence Strategy for Litigation Claims through Effective Crowd Safety Management Practices A key question every event organiser should ask themselves before allowing the public into their event is; would your event plan and response to more serious crowd safety related incidents, stand up to independent scrutiny, litigation or survive an inquest? In my role as a Crowd Safety Management Expert I deal with the aftermath of events that go wrong and cause harm to members of the public. Writing the reports for the courts and lawyers involves a close examination of the documentation relating to event planning, staffing, roles & responsibilities, training, communication, delivery processes and event logs. While reading through the bundles sent by lawyers, it is striking how many events do not have a full set of risk assessed documentation with a process to deal with unplanned changes during the event. It is important to realise that major event incidents are frozen in time and get unpicked by the legal profession, experts and the media. Remember the recent Hillsborough inquest looked at that disaster through the prism of legislation, guidance and best practice in 1989.
The Attorney Steve Adelman summed up the legal process when he said; “When lawyers retrospectively review a set of facts, which happens in every lawsuit, we first argue about what a hypothetical reasonable person would have done under those facts. The parties' duelling standard of care experts advocate for what they believe "reasonable" conduct would have been. Then the lawyers compare the litigants' (mis)conduct against this purportedly objective standard”. Many studies have been done about what causes accidents and it has been shown that injuries invariably result from a sequence of factors, often referred to as the domino effect, the last act being the injury itself. It was Toft (1990) who said that “near misses should not be shrugged off but instead be treated as fortunately benign experiences,
• UAV (Drone) Solutions:
• Crowd Safety and Security • Expert Witness Services • Sports Performance Analysis
Aerial CROWD SAFETY & Security
since if the same events were to repeat themselves in less forgiving circumstances the disaster might ensue�. Accidents and injurie can often be prevented if action is taken at any point during the sequence, but this requires good planning and event delivery with competent staff. Crowd safety management planning and preparation can be distilled down to a number of processes that all events should follow. A prominent Statement of Intent at the beginning of any Crowd Management document, clearly laying out responsibilities for planning, delivery and monitoring crowd safety, enables all parties to completely understand the terms of the proposed agreement. It should also cover what the supplier is not responsible for, helpful with framing responses to complaints or litigation actions. The starting point for a crowd safety management plan is information gathering to fully understand the attraction, particularly the performers and crowd, their profile and demographic, needs, expectation and likely behaviour. Questions arising over the venue such as realistic capacity, unique or adapted premises and suitability for event use should be tackled early. Other influences that could potentially affect the planning process such as weather, transport issues, conflicting events and media hype should also be looked into. Event organisers have a duty of care to staff and spectators and should take reasonable steps to ensure their safety. Therefore, a risk assessment process must feature prominently in any crowd safety management plan.
Understanding how and why incidents may occur at an event requires a little detective work using techniques such as Extreme Value Analysis (EVA), a two level system of analysis adapted by Mick Upton, when planning for crowd safety at organised public events. EVA is simply a method of estimating the probability of a rare event happening and can be used as a first step in the process of assessing risk, to try and ensure accidents from the past are not repeated in the future. Based on the information gathered, predictions can then be made on the likely crowd behaviour during each event phase e.g. Arrival, Ingress, Movement, Egress and Dispersal. Venue footprint design considerations, information, communication, staffing levels and management processes can then be developed.
A suitable risk assessment should take place throughout this process to validate and ensure crowd safety. A plan is only as good as the staff that implement it. ‘You should provide an adequate number of staff to ensure effective crowd management’ (Managing Crowds Safely HSE). Implementing a checkin system to make sure the correct number of staff with appropriate qualifications, skills and knowledge are present on the day, is essential. Briefing, deployment and the ability to maintain constant communication, to ensure staff efforts are aligned with the event needs is important, while monitoring for signs of capability mismatch.
A management structure with the ability to detect incidents, assess them and determine the correct course action should also be in place. Crowd management is a team effort, no single person can reasonably be expected to undertake strategic, tactical and operational tasks on an event that can involve large numbers of staff working across a wide area where a number of different activities are likely to be taking place (Mick Upton 2015). There is a requirement to record reportable injuries, diseases or dangerous occurrences in a consistent and accurate manner. Applicable responses to incidents should also be documented together with appropriate radio traffic logs. David Masters HM Coroner for Wiltshire Inquest into the Hercules crash of January 2005 made the point; “I believe that the ability to retrieve and view documents which record key decisions is not just important, but essential – and equally important is the rationale behind them.” Contingency plans must be developed to respond effectively to health and safety incidents and other emergencies that may occur. The plan needs to be proportionate to the level of risk presented by event activities and the potential extent and severity of incidents. It should include procedures to be followed by staff in an emergency using the resources available onsite. Gaining agreement with the local authority and emergency services, to be clear about roles and responsibilities with an agreed hand over process to establish primacy for the incident, should be sorted before the event.
The question is whether the defendants took such care as in all the circumstances was reasonable to see that the plaintiff would be reasonably safe in spectating. The duty of care is therefore only to take reasonable steps in the circumstances. It does not extend to ensuring the safety of a visitor such as the plaintiff in every circumstance. Unfortunate accidents will always happen. In this case, I am satisfied that the duty of care was properly taken by the defendants to ensure that the arena was as safe as reasonably possible for the plaintiff”
Mark Scoggins Solicitor Advocate and a lead in Health and Safety and Environmental Law put it most eloquently when he said; “No record, no proof, you lose the argument”
Can all this planning, preparation and managed delivery make any difference to a civil litigation claims? Let us consider an interesting case where the plaintiff claimed damages for injuries sustained whilst she was attending an ice hockey game at the Odyssey Arena between Belfast Giants and Cardiff Devils. During the warm up she was sitting as a spectator when she was struck on the forehead by a puck which left the ice rink. This girl received a nasty laceration above her eye which required suturing and has left a scar of which she is conscious. She was claiming an award in this case of £30,000.
Sol Management Services provide the planning and integration of UAV (Drone) solutions to enhance Event Management, Crowd Safety and Security.
The judge in his summing up said: “It does not of course necessarily follow from the fact that the plaintiff was struck that the defendants are liable.
Solomon N’Jie 07989664070 Sol@solmanagement.co.uk solmanagement.co.uk
Martin Rickman BSc, MRICS, FRGS
Chartered Land Surveyor
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Boundary dispute resolution. Expert witness. Court compliant reports (CPR part 35). Single joint expert (SJE). Land registry compliant sales plans. Land registry compliant plans for land being divided. Land registry compliant lease plans. First registration of land. Determined boundary plans.
6 Morris Court | Yaxley | PETERBOROUGH | Cambridgeshire | PE7 3GJ 01733 243880 | 07710 223951 | rickman@cyberware.co.uk | www.mrickman.co.uk
Chartered Architect, Arbitrator & Expert Witness
www.williambates.co.uk William Bates
BSc (Hons), Dip.Arch., RIBA, ACIArb Independant Architect with RIBA Chartered Practice status and Member of The Chartered Institute of Arbitrators, with extensive Expert Witness experience, both as a party Expert and as a Single Joint Expert, in the following areas: Architect Professional Negligence and Fee Disputes. Architect / Client /Builder Disputes Party Wall Disputes / Town Planning disputes Building Defects arising from New Build, Conversions, Refurbishments, Alterations and Extensions, particularly in the Domestic Sector. Proficient in the analysis of evidence and the preperation of Reports. Public Inquiry and High Court experience. Registered with the UK Register of Expert Witness. Waterlow Legal, X-Pro and Expert Witness.’Member of the Society of Expert Witnesses’ and ‘Listed on the RIBA panel of Expert Witnesses’.
UK wide coverage
M:07734 471400 T:01435 812973 E:will@williambates.co.uk Oaklands, High Street, Horam, Heathfield, East Sussex TN21 0EJ
Dr Aaran Marriner-Clark PhD, MSc, BSc (Hons), MCIEH, MCIOB
Member Of The Chartered Institute Of Environmental Health And Chartered Housing Practitioner.
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Member of :
UK register of expert witnesses | National Expert Witness Agency • The Federation of Forensic and Expert witnesses
I have been conducting surveys of housing stock with asset defects in relation to section 11 of The Landlords and Tenants Act 1985 and The Environmental Protection Act 1990. Assessing the condition of works, writing reports as a single joint expert. Attending court as required for directions.
The Leading Provider to the legal profession of Expert Witness Dispute Resolution for Building Pathology & Environmental Health & Housing Law
Developing Scott schedules and SOW for landlords, solicitors and barristers. Managing contractors to carryout works as detailed in the Scott schedule. Taking part 35 questions and detailing explanations to solicitors and barristers. Writing full part 35 compliant reports for solicitors and barristers in court cases which detail disrepair. Preparing witness statements, and jointly agreeing works with other surveyors. I have 29 years experience of dealing with housing standards law enforcement, Environmental health and housing matters including being a part of the winning team who won the 2015 converted LGC Partnership award and the Municipal Journal award 2015 for excellence. I was lucky enough to have my work highlighted in the environmental health news August 2015 where I appeared on the front cover of that issue.
More recently with I have been filmed for Channel 4 and ITV given interviews for local and .national press. MP’s and councillors have praised my housing standards approach, describing it as "good practice and value for money" that should be rolled out across the country. Additionally I am retained as a single joint expert in enforcement of housing standards cases through the court services with corporate clients such as Irwin Michelle, am registered on the UK Register of Expert Witnesses and the National Expert Witness Agency.
Dr Aaran Marriner-Clark is a Chartered Member of the Chartered Institute of Environmental Health and Chartered Institute of Building.
Landlords Disputes
07901564422 | info@landlorddispute.com | www.landlordsdispute.com
T.J. CHARTERED SURVEYORS An Expert Witness is one who can demonstrate real knowledge, experience and wisdom on the point in question. In line with this philosophy, the Professional Surveyor is respected and held in high esteem within the community. Proficient in measurement and computations, a Chartered Surveyor who provides his services as an Expert Witness will have proven the ability to comply with inexact laws, in addition to exact sciences. Thereby making the Expert Witness Chartered Surveyor an important part of the team in dispute cases surrounding property, planning and boundaries.
For the court to be satisfied of the their competency, the Expert Witness Chartered Surveyor must not only be able to speak with authority and create precise, accurate easy- to-understand reports, but they should also have achieved qualifications giving them the right to have the letters MRICS or FRICS after his or her name. These qualifications will also classify the Expert to become a Member or a Fellow of the RICS (Royal Institution of Chartered Surveyors). Founder of T.J. Chartered Surveyors, Terry Gregson FRICS FFBE MEWI - ticks all the right boxes for those looking for a Chartered Surveyor who possesses all of the requisite qualifications and expertise to provide precise, accurate and sound judgement acting as an Expert Witness in cases involving disputes regarding property, planning and boundaries.
Services provided by the company include: • • • • • • • • •
Buildings, Boundaries and Planning Valuations; Surveys; Party Wall Awards; Rent Reviews / Lease Renewals; Rating; Design and Management, & offering his services as an Expert Witness & Mediator.
Terry is able to draw on over 40 years experience at his former practice, where he undertook the post of principal partner. Since Terry founded T.J. Chartered Surveyors he has never looked back; with the company today boasting an impressive client-base of satisfied customers throughout Essex and East Anglia and London and adjacent Home Counties. A sole Consultant at T.J. Chartered Surveyors, Terry now principally provides building surveys for buyers of residential and commercial properties, as well as giving planning and development guidance, as he outlined in a recent interview: “I concentrate on advising purchasers of residential and commercial properties and my 'specialism' is period and listed buildings.” The company’s commitment to provide a truly customer-orientated service is highlighted by the fact that T.J. Chartered Surveyors offer a free, no obligation initial consultation from which the company’s dedicated team can determine the type of notice required and the likely cost implications.
Terry Gregson FRICS FFBE MEWI
T.J. CHARTERED SURVEYORS 60 Western Road Billericay Essex CM12 9DT T: 01277 623 397 M: 07860345682
Dr Tim Lodge
BSc (Hons) PhD RIPTA
Turf Consultant
Dr Tim Lodge has over 25 years’ experience in sports surface research, agronomy and construction and has worked throughout the UK, in the USA, Europe, Africa and China. His PhD is on ‘The Construction, Irrigation and Fertiliser Nutrition of UK Golf Greens’ from the University of Leeds, 1994. His experience covers the design, management, construction procedures and materials in relation to all sports played on grass and outdoor artificial surfaces. Dr Lodge can act as an expert witness, including the preparation of expert reports and appearing in court, in cases relating to all aspects of sports turf and surface management, construction and establishment. In August 2005, Dr Lodge founded Agrostis Turf Consultancy, which was incorporated in 2008. He is a founder member and treasurer of RIPTA, the Register of Independent Professional Turfgrass Agronomists. Agrostis is a Professional Services Division member of SAPCA (the Sport and Play Construction Association).
His specialist areas of expertise include:
Tim Lodge examining the splendid turf of the Waikato Chiefs rugby team's Waikato Stadium in Hamilton, New Zealand.
• Turfgrass species identification • Soil, grass, top dressing and rootzones for sports turf • Sports turf drainage, construction and project management • Drainage and flood avoidance in artificial sports pitches • Playing quality characteristics • Commercially produced turf quality • Turf irrigation and water use • Golf course feature design and maintenance
Dr Tim Lodge BSc (Hons) PhD RIPTA Turf Consultant Agrosis Turf Consultancy Ltd 01359 259361 21 Grove Park Walsham Le Willows Bury Saint Edmunds IP31 3AE
01359 259361 07725 629492 info@agrostis.co.uk www.agrostis.co.uk
EXPERT WITNESS SERVICES Barton | Cambridge
2019
Federation of ederation of
Expert witnesses sic Forensic & Expert&witnesses
Health and Safety Law | Construction | RC Frames | Civil Engineering CDM Regulations | Investment Casting Wax | Heavy Manufacturing Automotive | Aerospace | Events | Warehousing | Risk Assessment Vulnerable Person | Young Persons - RA Lupus Consilium undertake Expert Witness instructions for legal procedings, as laid down in the CPR Part 35 and CrimPR Part 19, in cases involving Occupational Health and Safety. All instructions are carried out competently, independently and impartially. The resulting reports follow the model format laid down by The Academy of Experts. The company assist legal teams with expert technical knowledge, skills and experience in the field of Occupational Health and Safety and in the preparation and management of defence materials for their cases. They can also carry out reviews of previous investigations and reinvestigate, as required, to provide assistance for legal teams. Lupus Consilium Ltd is owned and run by Michele Jarvis (pictured) who started the company in August 2016. Michele has worked in a variety of industries including Aerospace, Construction (Building, Civil's and Tunnelling), Foundry, Healthcare and Retail. This allows her to understand the different types of hazards that are present in most industries as well as how to manage them and any residual risks.
Michele Jarvis MSc DipNEBOSH FIIRSM RSP CMIOSH MIIAI MABI AMICE
01223 263306 | 07941 329 932 | michele@lupusconsilium.co.uk | www.lupusconsilium.co.uk
KEVIN HAINSWORTH (MRICS B.Sc,)
Chartered Land Surveyor & Expert Witness on Boundary Disputes When you’re addressing boundary issues you need a focused, dependable expert who can get to the heart of the matter, quickly. That’s exactly what you can expect from Chartered Land Surveyor and Expert Witness Kevin Hainsworth - MRICS BSc - who provides this professional service via his Manchester based company Insepes Ltd which he founded in 2010. Kevin has all the necessary credentials to provide a reliable, independent service as an Expert Witness specialising in Boundary Disputes, including extensive academic training which led to him gaining a B.Sc (Hons) in Surveying/Geography at the University of Newcastle. After which, in 1988, he qualified as a Chartered Land Surveyor (MRICS); going on to successfully undertake a post-graduate diploma at Nottingham University. Never one to rest on his laurels, Kevin’s remains committed to developing his academic knowledge and extending his skills base by keeping himself informed regarding the role and responsibilities of both an Expert Witness and an RICS member by taking part in CPD and networking events, visiting relevant websites and maintaining his subscriptions to e-newsletters and professional associations. This philosophy is highlighted by the fact that in 2008 he attended an RICS Neighbour Dispute Resolution Service course, after which he attended a 3-day Bond Solon Expert Witness Training Course. Three years later Kevin qualified as a Member of the RICS Expert Witness Registration Scheme, having passed the Cardiff University Law School Bond Solon Expert Witness Certificate. In 2013 Kevin attended a one-day Expert Witness Meetings Training Course held by Penny Harper of Legal Experience Training. Kevin is also able to draw on his vast practical experience spanning more than 2 decades dealing with Boundary Disputes, which includes having worked as a Chartered Land Surveyor at ND Oliver & Co Ltd for 8 years during which time Kevin gained a wide and varied experience of topographical surveying, measured building surveying and setting-out. Kevin continued to develop his communication skills whilst working as a Regional Trainer for two international surveying equipment manufacturers.
Key to Kevin’s success as an Expert Witness is his ability to gather..... qualify..... collate...... and present data from diverse sources, as he outlined in a recent interview: “Referrals from Solicitors account for 2/3rds of the cases I undertake as an Expert Witness, with 80% of these involving a Solicitor acting on behalf of an Insurance Company. The other 1/3rd of cases I accept on behalf of members of the public. Whilst the majority of cases I undertake as an Expert Witness, (95%) are settled out of Court, I am trained and experienced in attending Court should the need arise.” “I have been involved in acting as an Expert Witness in Boundary Disputes for over 25 years but have undertaken this service full time for the past 8 years. The earlier you can get an expert to look at an issue the better: The expert may well spot something that hasn’t been noticed before. My job as an Expert Witness relies on my ability to collect, refine and filter relevant information and to present it in a way that enables the decision maker, whether that’s a Barrister, property owner or Solicitor, to come to an informed and sensible decision based on their own expertise, experience and qualifications.
In the 24 years since Kevin became a qualified member of the RICS he has worked on many varied boundary cases including: •
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Successfully using the Land Registry Determined Boundary procedure to resolve a dispute in Cheshire that had been rumbling on for over 20 years. Having been instructed by the Court the determined the most likely position of the legal boundary, set out that boundary and reported back to the court and Land Registry when a new fence had been erected to his satisfaction. Disputes where, as a result of his work, agreement was possible without the need to go to Court. Producing a CPR Part 35 Expert Surveyor report for the Land Registry Adjudicator and being cross-examined over 2 days at the adjudication hearing. Producing Lease Plans and Land Transfer Plans for submission to the Land Registry.
Therefore, it comes as no surprise to learn that Kevin has earned a reputation as a dependable, straighttalking Expert Witness who takes pride in both the quality and value of his work, producing clear, succinct plans and reports which isolate and explain key issues to laymen and lawyers alike. The testimonial below is typical of the commendations regularly received by Kevin from satisfied clients: “Kevin demonstrated that he had a full understanding of the role, duties and responsibilities of an expert witness. In particular,he was aware of his requirements to the Court as outlined in Part 35 of the Civil procedure Rules.He acted in a professional manner at all times and in particular was able to deal directly with members of the public.”Ralli LLP
Do you want speedy settlement of a boundary dispute? Insepes can help, contact us today. Kevin Hainsworth 792 Wilmslow Road, Didsbury Manchester M20 6UG T: 0161 286 0795 M: 07806 782 197 E: kevin@insepes.co.uk W: www.insepes.co.uk
Robert (Robin) A.K. Szmidt
BSc PhD MCIWM CEnv MIHort
EXPERT WITNESS
Specialist services for Biogas, AD, Renewable E I am a technical specialist in waste, renewable energy & organics with vetted Expert Witness experience gained over a number of years. I originally trained as a biologist / horticultural scientist, graduating from Wye College (University of London) before gaining my PhD in compost biology from Stirling University. I have been described by others as “a renowned specialist working in the field of waste and resource-use”. This needs a multidisciplinary approach and I’ve worked closely with, and been part of, engineering teams working in these areas. Projects span sustainable resource use and renewable energy, environmental protection, the interface with societal wastes, system design and operation. After my postgraduate time at Stirling, from 1982 I worked for The UK Ministry of Agriculture (ADAS) in England prior to becoming Head of Department for protected crops research at the Scottish Agricultural College (SAC): particularly hydroponics and resource recovery. In this role I was ultimately responsible for management of a multi-disciplinary team providing:
* Specialist research and technical development in organics and recycling systems (e.g. composting and recovered minerals) * Industrial-scale glasshouse research with particular emphasis on energy and hydroponic systems * Public-sector technical advice * A bespoke industrial-scale micropropagation facility serving the UK soft-fruit industry through commercial R&D
I have worked in industry since 2003 after developing a spin-out business from its ‘academic’ hub. This includes large-scale biological and thermal technologies in association with substantial engineering firms. Systems generate renewable energy and fertiliser (compost & digestate), and may be linked to specialist crop production methods such as hydroponics.
SERVICES: Assessments related to organic materials, bio-wastes and waste-derived renewable energy. Odour, emissions and pollution from organic waste sites. Waste types, material recycling and regulatory compliance. Export of inappropriate wastes and recyclate. Production of illegal substances (drugs) using a range of growing media (composts and hydroponics). Protected crop and in-building systems and controls (mechanical, electrical and lighting). The above include civil and criminal cases, including high-court and overseas.
Federation of
Forensic & Expert witnesses
Scaur O'Do Ayr, S T:+44 (0) 129 E:r.szmidt@targetrene
Energy & Hydroponics TASKS HAVE INCLUDED: Site visits and evidential witness Detailed analysis of data and written evidence Detailed analysis of printed and digital evidence including images and video footage Report preparation Team-review participation Briefing of legal teams at all levels Court attendance up to and including High Court. In some cases settlement was achieved before coming to court.
INTERNATIONAL EXPERIENCE: I have been involved in a number of international projects giving me unrivalled first-hand experience of my field. These include:
EUROPE : Germany, Netherlands, Switzerland, Ireland & Scandinavia NORTH AMERICA : USA and Canada ELSEWHERE: Hong Kong & PR China, Middle East including Oman, Israel and the Palestinian Territories (Gaza and West Bank)
oon House, 25 Scaur O'Doon Rd South Ayrshire, KA7 4EP UK 92 440000 | M: +44 (0) 7952748549 ewables.com | W:www.targetrenewables.com
Projects span systems and use of materials derived from natural resources, source segregated wastes, unsegregated and Mechanical-Biological treatment (MBT) waste technologies. In most situations tasks are complex and relate to integrated engineering, renewable and recovered energy, not just use, recovery or disposal. Agriculture Agricultural pollution Agricultural waste Anaerobic Digestion Biogas Biomethane Combined heat and power Compost Composting Digestate Drug plant cultivation Emissions Fertiliser Fertilizer Greenhouse Greenhouse crops Greenhouse systems Horticulture Horticultural production systems Hydroponic Hydroponics In-vessel composting Mushrooms Odour Organic Pollution Recycling Recyclate Recycling minerals Renewable energy Rockdust Waste Waste export Waste management Waste regulation
MANDERSTAM INTERNATIONAL GROUP Expert Engineers in Process and Industrial Engineering
Niche consultancy prospers in the “CSI� role within engineering. There is evidence that the way to defend the U.K.'s global position in engineering consultancy is to provide a quality of service and speed of response that reflect our national education and character. Manderstam International Group are expert engineers in process and industrial engineering, established in 1941, that provides independent, bespoke engineering and inves- tigative services. Our specialised team comprises talented, wellqualified chartered engineers who perform the "CSI" role within the engineering sector, particularly in the proc- ess and industrial engineering industries: oil/ gas, petroleum refining, gas to liquids and biofuels, petrochemicals and gas technology, power generation pharmaceuticals, fertilisers, pesticides, salt based industries, steel and nonferrous manufacturing and processing, coating technology, food processing, cement, glass manufacture and vegetable oils and fats. We have a varied workload of investigative and forensic engineering that provide some of the most demanding and intellectual challenges. These roles take "no prisoners", but our engineers find that if they can meet the challenges the rewards are there. The 30 second appraisal of your companies perform ance in the process industries ! Manderstam carries out global benchmarking studies in process industries enabling our client’s management to critically review the performance of its asset against its industries top performers. Manderstam holds a global data- base of cost and operating performance indices for all proc- ess equipment that has been maintained and compiled from over 200 process plants in the last 15 years.
Aftermath of Buncefield explosion 11th December 2005
Our reports permit top management immediately (in 30 seconds!) to ascertain its asset performance against its industry's top performers that enable identification of the "low hanging fruit", for process operating and maintenance improvements. Our methodology of using normalisation using equipment complexity factors enables different types and sizes of process plant to be normalised and compared directly. Our benchmarking methodology can be used to estimate operating and maintenance costs, not only of existing plants, but of projected plants in order to accurately model the sensitivity of future operational costs and manpower. This approach was used by BP in the Azerbaijan offshore fields prior to commitment of project costs. Our methodology was used by British Gas in the Morecambe Bay offshore fields for an assessment of their operating costs and man- ning levels as part of an independent assessment for discussion with the unions. A further use of our benchmark- ing methodology was the estimating of a client's suppliers operating and maintenance costs in a dispute over supplier pricing.
Peter Lumley
Eur. Ing. B.Sc., C.Eng., I.Mech.E., A.S.A.B.E. Expert Engineer in Process and Industrial Engineering in the fields of Oil and Gas, Petrochemicals, Pharmaceuticals and Manufacturing. Manderstam's expert engineers are involved in some of the largest civil litigation cases in the UK:Our experts have prepared expert reports and advised strategy and given evidence in extremely complex cases on behalf of both independent UK and multinational compa- nies. Manderstam acted as expert witnesses in the largest civil litigation case in the UK, providing expert evidence in oil storage design and construction following the explosion at the Buncefieldยน oil storage depot in December 2005. We have been instructed by most of the leading international and domestic law firms. We have received over 60 instructions by the leading UK and international law firms and given oral evidence 24 times in the UK High Court and International Arbitration.
Engineering Clinic Manderstam has a wealth of market and technical informa- tion which is not readily accessible from the public domain. Such data, allied to our talented forensic style analysis and approach to problem-solving, has enabled us to offer an "engineering clinic" service. Much as when the individual has a medical problem, they visit the doctors- here we are offering a service when a company has an engineering problem it visits the experts to seek a solution.
Manderstam will answer questions on market and technical matters, within 48 hours. Manderstam International Group Email: plumley@manderstam.com Tel: 0207 730 9224 MIGL@manderstam.com Web site: www.manderstam.com
MANDERSTAM INTERNATIONAL GROUP CONSULTING ENGINEERS IN PROCESS AND INDUSTRIAL ENGINEERING
PRINCIPALS:
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Eur.Ing.P.D.Lumley, B.S.c, C., Eng.,I. Mech.E. Dr.J.A.Rakestraw, B.sc.,ARCS,phD, Dic
EXPERT WITNESSES FOR:
Mechanical and Process Engineering Manufacturing Industries Oil and Gas Industries Petrochemicals and Chemicals Pharmaceuticals Fertilizers and Pesticides Metallurgic Industries Safety and Environmental
10 Greycoat Place Westminster, London SW1P 1SB T: 020 7730 9224 F: 020 7823 3058 E: plumley@manderstam.com
WWW.manderstam.com
Individual Member 2012-2018