Forensic & Expert Witness Yearbook 2019 by Federation of Forensic and Expert Witnesses

Expert Witness Yearbook 2019

Goddards Accountants

kindly sponsor the Expert Witness Yearbook 2019 Providing flexible Forensic Accountancy and Expert Witness services in the areas of Loss of Profits, Loss of Earnings, Disputes, Business Valuations, Insolvency, Divorce and Financial Fraud, tailored to individual circumstances.

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Mr David Anthony MSt. CANTAB, Dip Pol CANTAB, UCLAN, HMICFRS, PSNI, GMP, MPS, SFC, APOC, SIO

Policing Consultant & Expert Witness Policing Consultant, Expert Witness and Operational Risk Specialist. Security Consultant specialising in operational security, combating Armed Criminality including commercial and cash in transit robberies. Expert Witness in Major Crime Investigations, Intelligence and Police Management including Police Procedures and Processes. Member of the National Expert Witness Association (NEWA).

Specialist Investigator with extensive experience harnessed through 31 years police service in London and Manchester, in the investigation and management of serious and organised crime. National Review Subject Matter Expert (SME) and Specialised Lecturer on Policing. Provider of Investigative Services and Bespoke Confidential enquires for the Legal and Commercial sectors. Media expert and commentator to Sky News, ITN News and BBC News on operational policing and serious and specialist investigations.

Subject Matter Expert on: • Major Crime Investigations • Intelligence • Serious & Organised Crime • Police Management • Firearms and Public Order Command • Police Procedures and Processes • Media • Court and Evidence Currently Lecturing at UCLAN as Associate Lecturer leading the Major Crime Module (Specialising in Homicide Investigation) on The Police & Criminal Investigation Degree Course.

As Senior Investigating Officer.

• Delivered review of Bloody Sunday for Police Service of Northern Ireland (PSNI) after the conclusion of the Public Inquiry chaired by Lord Saville. • Advised and Initiated criminal investigation.

At HMICFRS.

• Led Inspections into the National Crime Agency on National Tasking and National Intelligence requirements. • Responsible for the liaison with all Chief Constables (Police) Law Enforcement Agency Heads. • Lead Inspector on Serious and Organised Crime. • Led Inspections across all UK Police Forces on their response to Serious and Organised Crime and Organised Crime Groups. • Expert Witness On Police Procedures, ABE Interviewing, IP Rights, Counterfeiting and Fraud.

DASCH Consultancy Ltd 0161 428 4519 07920 504325 info@daschconsultancy.co.uk www.daschconsultancy.co.uk 40 Windsor Avenue Gatley CHEADLE Cheshire SK8 4DU

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 ensueâ&#x20AC;?. 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. â&#x20AC;&#x2DC;You should provide an adequate number of staff to ensure effective crowd managementâ&#x20AC;&#x2122; (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

01480 469367 | 07815 784003 | roger@thewoodshop.biz

Timber Consultancy And Expert Witness Services

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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

Dealing with service users who bite, scratch or spit. Foreseeable risk By Joanne Caffrey, Expert Witness & Specialist Training Provider

afer Custody, use of force and managing challenging behaviour in custody, education, care and mental health sectors 2012 British Excellence in Performance Winner 2018 Forensic & Expert Witness award Winner – outstanding legal services to safer custody

As an Expert Witness I am engaged on approximately 2-3 new legal cases per month where either staff or service users are injured, or die, as a result of failures to manage foreseeable risk with challenging behaviours and failure to provide suitable and sufficient assessment and control measures to either eliminate, or reduce to a minimum, the likelihood of harm to staff or service users.

“Service user in schools are children, in care settings the patient, and in custody settings the detainee/prisoner”. The cases I work on tend to be from schools, prison or police custody or mental health units and are a mixture of either staff or service users being injured. This short paper is to highlight just some of the issues for all sectors to consider and discusses some of the myths and pitfalls which service providers fall into.

Caveat: The information contained within this report is generic and not provided as legal advice. Specific advice relevant to your situation should be obtained.

It’s never ok for staff or service users to be injured through assaults, if the event was reasonably foreseeable !

“All de escalation and restraint training is the same, and we just need to show the tick in the box that staff have completed it”

WRONG.

All employers have a legal obligation to conduct their due diligence checks to ensure that any training commissioned, and provided to staff, is suitable and sufficient for the performance needs of the service. (Performance needs analysis). Standard packages are just that – ‘standard’ and are suitable for a standard service user, provided by a standard employee in that sector. However, what adaptations have been considered as relevant and suitably implemented to ensure the safe care of the service user? For example, a person with Downs Syndrome may have hypermobile joints, respiratory disorders and heart defects. What specialist adaptation, by a suitably qualified consultant/trainer has been implemented? It’s not uncommon for us to be involved with staff working with adults or children with Downs Syndromes and discover that the ‘standard’ techniques they are using are actually placing the person at high risk of injury or death, and the staff have little or no idea of the risks. The phrase ‘Behaviour Plan’ should be replaced with the terminology of ‘Behaviour & Care Plan’ to ensure the care aspect is covered. Typically ‘care’ factors such as medical implications, are missed from the plans we review. All service providers need to think more about ‘Person Centred Care’ rather than generic management plans of 1 size fits all, as this can be considered a restrictive practice and discriminatory to a person’s legal entitlements and safety.

The staff members individual demographics of gender, age, underlying health conditions are all relevant as a methodology may be fine for one member of staff to implement but due to the personal demographics of another, it makes it an unsafe practice exposing both the staff and service user to foreseeable risk.

“What risk assessment?” A general risk assessment about slips, trips and falls is not suitable, or sufficient, to safeguard staff or service users. A common issue we are dealing with is that of service users who bite, scratch and/ or spit.

The bottom line is –

STAFF DO NOT HAVE TO ACCEPT THAT IT’S THEIR JOB TO BE BITTEN, SCRATCHED and SPAT AT. A detailed assessment must be conducted to establish risk levels to the staff and the service user, as staff failing to act appropriately to such behaviour puts the service user at risk e.g. staff member slaps child/adult, interferes with the respiratory system and causes a respiratory arrest or dislocates the person’s jaw.

The more complex or challenging a service user is, then you should expect to have more complex and lengthy assessments and training for dealing with the person. We also see that little mention is made of the risks to staff who have to deal with challenging service users.

TOTAL TRAIN / JOANNE CAFFREY EXPERT WITNESS – FORSEEABLE RISK OF ASSAULT AND INJURY

The staff member being bitten or scratched etc has an increased risk of infection, sepsis, and mental health anxiety disorders. Saliva is toxic in the eye. One risk is regarding managing blood-borne virus exposure which may be in the saliva, such as hepatitis, but also many people are unaware that saliva in the eye can cause blindness. In 2016 a 32-year-old care worker had to have a corneal transplant in her eye after a spitting incident at Low Moor Resource Centre in Bradford left her with only 20% vision in the eye. Her solicitors argued that Bradford District Care NHS Trust failed to risk assess the risk of spitting when dealing with this patient. The union rep stated “The Trust knew this service user had a tendency to spit and should have protected staff”. She agreed a settlement of £110,000. The cost to have prevented this incident would have been much less. A member of staff must be protected in such a circumstance under both Health & Safety at Work Act requirements and general safeguarding duties to the client. Safe systems of work are essential to keep both staff and service users safe from physical and emotional harm. Failure to implement safe systems of work for client services could in itself be an abusive practice contravening safeguarding responsibilities. Additional training is required in addition to any general training PLUS what are you doing to work longer term on managing down the incidents of biting, spitting and scratching? Why is it happening? Is it a manifestation of unseen abuse which is occurring to the person?

It is not acceptable to make up your own practices to reduce biting e.g. placing things in the mouth of the biter based on a staff member’s decision in conjunction with an appropriate adult. What needs to be remembered is that if the person had respiratory failure or died is the appropriate adult or staff member suitably ‘expert’ in that area of intervention to stand in a witness box for a manslaughter case and explain to the jury their expertise to diagnose the intervention method and explain all the underlying medical and legal implications of the decision? Plus, from a safeguarding perspective we need to be thinking about fabricated & induced illness and abuse by the appropriate adult, in addition to the fact they lack knowledge regarding the subject matter, and despite their best intentions may be putting the person at increased risk of harm. Many employers are unaware of the availability of bite/scratch sleeves and clothing which are available for staff to wear as PPE (Personal Protective Equipment). This clothing can prevent penetration and laceration of the skin in addition to safe systems of work and longer term analysis and management strategies. This clothing is British Standard and EU kite marked for safety of the client and staff members. An issue to consider is the price of a civil claim against your company by a staff member who is harmed when the risk was foreseeable, and a range of reasonable control measures were available. Bite/scratch clothing is PPE and just one part of your management plan to keep staff and clients safe.

TOTAL TRAIN / JOANNE CAFFREY EXPERT WITNESS – FORSEEABLE RISK OF ASSAULT AND INJURY

“What actually is Reasonably Foreseeable?” It is reasonably foreseeable that all service provision sectors will at some time have clients / service users who are challenging or displaying unwanted behaviours. Therefore, it is reasonably expected that an employer should consider what level of conflict management training is necessary, reasonable and proportionate. If the likelihood of an incident occurring is rare then the decision may be to offer e learning solutions as the only method, and keep it under review. If the likelihood of occurrence is possible, but if it did happen the anticipated impact is considered low injury then a blended approach may be reasonable such as e learning and supplemented with some face to face training and consultancy. If the likelihood is regular and the impact is injury, then a more proactive management approach would be considered reasonable. This may include blended learning and development of staff based upon performance needs and training needs analysis; thorough assessments of risk conducted by suitably trained personnel; detailed behaviour and care plans; detailed safer systems of work; detailed assessments of risk and PPE availability; enhanced training by suitably qualified companies; whole workplace awareness training, and post training assessments/ reviews.

“Surely it’s all common sense?” Any liability case (civil or criminal) looks at facts of law – not ‘common sense’. As what is common sense to one person may be ludicrous to another. The law is simple – any work-related task needs to be assessed for risk and its risk eliminated or managed down to the lowest level.

Anything which is necessary, reasonable and proportionate should be considered and accurately assessed and documented before being discounted on the basis that there is no money available. Person centred care means considering thoroughly that the person’s unique health, education, and disability needs etc have been taken into consideration and that the best interests of the service user is the primary focus – not what is in the best interests of the business alone. This also means looking at the demographics of the staff providing the care so that decisions do not put them at unreasonably risk.

“We are good communicators and we try to de-escalate them” In a 1 day course it is impossible to make staff competent at de-escalation for all situations. General de escalation skills courses are just that – general one size fits all and do not necessarily take into consideration the complex needs of the service user and the capabilities of the staff member. For example, occupations such as education or care tend to attract personality styles of people to talk about feelings with comments such as “how do you think they feel about what you just did?” BUT if the service user is in crisis they are unable to process such a large volume of words AND if they are an activist in crisis they may tend to respond more to factual comments such as “what happened?”. The first comment can be viewed as a judgemental attack and escalate the situation further. Comments such as “why is it always you?” are highly unlikely to calm someone down.

TOTAL TRAIN / JOANNE CAFFREY EXPERT WITNESS – FORSEEABLE RISK OF ASSAULT AND INJURY

If the service user then has mental ill health, educational needs or disabilities these all impact upon which communication style works best for them. Moving closer to the person in a caring manner could actually escalate the situation as the person may need more space around them. It is essential that any service user’s behaviour and care plan also covers the communication strategies based upon objective assessment and in conjunction with the service user. Typically, if communication is covered in the plans we review it’s common that the business dictates how the staff will communicate to the person, with little, or no, mutual prior agreement, and consultation, with the service user. This could therefore be detrimental to de-escalation and be a catalyst for escalation of unwanted behaviours and the implementation of physical restraints. This could be considered as abuse from the service provider.

Her CV and further information can be obtained by contacting TOTAL TRAIN via totaltrain@sky.com She is an appointed Director of the national company Freedom form Abuse and has received multiple awards for her work in this field, which include: • 2018 Forensic & Expert Witness Award – Outstanding legal services for safer custody • 2012 British Excellence in Performance Award • 2008 & 2009 National Training Awards for Professionalising Investigations for investigation of sexual and violence offences committed against vulnerable people.

Overall It is essential that all service providers work to minimise the injury to both staff and service users as a result of unwanted / challenging behaviours. Just because many work places have a right to use force, does not mean it is the right thing to do. The ‘best interest’ test is about the best interests of the client, not of the business, plus using any force can put staff at an increased risk of harm. Challenging behaviour / unwanted behaviours is a work place activity and therefore must be assessed for the level of risk posed to employees, the service user themselves and any other person affected by it. These are basic principles of Health & Safety at Work Act & Regulations. Safer systems of work always exist, and individualisation of plans for both service user and staff is required to accurately manage risk. Challenging & unwanted behaviours in all sectors is a complex speciality. Joanne Caffrey has specialised in this field for over 30 years and works at national levels and within coroner, civil and criminal court cases. Her expertise is sought throughout the UK and Ireland.

Joanne Caffrey Expert Witness &

Specialist Training Provider

Melmerby Penrith, CA10 1HF

0752 8800720 joanne_caffrey@sky.com www.joannecaffreyexpert.com www.totaltrain.co.uk

TOTAL TRAIN / JOANNE CAFFREY EXPERT WITNESS – FORSEEABLE RISK OF ASSAULT AND INJURY

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

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: “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.” “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.”

Charges from the HSE

The HSE charges a Fee for Intervention at £129 per hour, that is over £1000 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.

Multi Award Winning Since 2015 Vincent and Safety 4 HEd have been winning awards for the breadth and quality of his work. This is supported by the satisfaction of Safety 4 HEd's clients and the vetted status on the UK Register of Expert Witnesses. A full list of awards is available on the website, including the Lawyer Monthly Expert Witness Award, which they have also won this year 2018!

Any change? This is what 2 hours of HSE time look like.

Services •

General Consultancy

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Investigations

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Audit and Inspection

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Fire Risk Assessment

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Training

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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 Honorary member of The Federation Of Forensic And Expert Witnesses

Micro CV 1989 – HSE as HM Inspector of Health and Safety Undertook 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. 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 electrical 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 about us – or contact Vincent directly by email at vincent@safety4hed.co.uk or telephone on 07940 564889. We are physically located just outside Newcastle-upon-Tyne but undertake work nationally.

T:07940 564889 E:vincent@safety4hed.co.uk W:www.safety4hed.co.uk

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

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

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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

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 â&#x20AC;&#x201C; 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 â&#x20AC;&#x2DC;soft skillsâ&#x20AC;&#x2122; 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

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 clientsâ&#x20AC;&#x2122; 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

We are Mias

We help clients manage risk and protect their reputations through the provision and analysis of information. We work on oneoff assignments and long-term projects for a wide range of organisations, from financial institutions, law firms and family offices to multilateral organisations. The foundation of our business is client confidence and getting the results our client requires we are committed to helping our clients build organisations that are secure, compliant and resilient in an age of ever-changing risk and connectivity. We can supply bespoke security to safeguard companies and private individuals from information theft. fully trained, our operatives continue to pursue professional development and familiarity with the latest trends and changes We work for Confidentiality is important to many of the organisations we work for, so we donâ&#x20AC;&#x2122;t identify clients as a matter of course. They include national and multinational businesses in all sectors, law firms, and government departments from many parts of the world and an increasing number of non-governmental organisations. We also support small and medium-sized national and international companies on their journey to greater security, compliance and resilience.

Our private clients range from single family offices to entrepreneurs, sports professionals and celebrities, our professional and responsive service is discreet, we offer personal security both at home and overseas. Corporate services We offer an eclectic mix of services that suit that will discover all possible facts, using the latest technology to support our clients and enable them to move forward Our team of experienced analysts, researchers, legal experts, IT and forensic investigation professionals are available to provide advice and guidance to help you meet every business challenge-real or anticipated. • • • • • • • • • • • • • • • •

Insurance Fraud Investigation Forensic Accountancy Asset trace and recovery Due diligence Serious Crime Cybercrime Investigations IT Forensics Electronic Counter surveillance Financial investigations Intellectual property theft Director investigation & dealing Secret commissions & kickbacks Fraud investigation Personnel vetting & background checks Pre-Litigation investigations Complex cross-border intelligence gathering

Special projects We are committed to guiding and supporting our clients at every stage through often difficult and complex situations. Our capability is substantial and far reaching and our timely and responsive service is what makes us a continued provider of choice for a range of business organisations, and key influential decision makers when it comes to protecting infrastructure, finance, personnel, assets and reputation. • • • • • • • •

Technical and physical surveillance Technical surveillance countermeasures Secure data storage Encrypted communications Online reputation repairing Secure transportation Electronic Forensics Cyber security and penetration testing

Mias consultants international New Alderston House, 3 Dove Wynd, Strathclyde Business Park, Bellshill ML4 3FB 0808 123 4565 0207 781 9247 info@miasconsultants.com miasconsultants.com

Sally-Ann Tinsley BSc, LLDip, PgC Ag Law

Sally-Ann Tinsley BSc, LLDip, PgC Ag Law, owns a specialist equine industry consultancy. Besides being qualified in equine welfare, she is acknowledged as being an expert in equine sector business, with her work predominantly relating to planning consultancy. Sally-Ann specialises in achieving planning permission for rural enterprise dwellings and commercial equestrian development. Her thorough understanding of viability appraisal in the context of the equine industry has led to notable successes in more complex cases that have previously been refused and dismissed at appeal due to failing the ‘financial test’. Besides academic qualifications, her lifelong equestrian background provides the detailed understanding necessary to be able to successfully argue ‘functional need’ for equestrian workers’ dwellings and present decisive evidence for Certificates of Lawfulness. Sally-Ann can provide expert reports to accompany planning applications or expert statements to submit with appeals, as well as giving expert evidence.

• Planning applications and appeals • Equestrian workers’ dwellings • Business plans and forecasts • Viability statements • Equine welfare 07837 543532 Sally-Ann@equineplanningconsultants.com www.equineplanningconsultants.com

Dr Debbie Marsden BSc PhD

• Free initial telephone consultation without obligation • Top level academic and professional qualifications • Qualified Riding Instructor with a lifetimes practical experience of horses • Over 20 years experience of Expert Witness work • Jargon free easy to read CPR compliant reports with industry standard guidelines supporting opinion • Listed in ‘vetted’ and checked UK register of Expert Witnesses

01899 221888 mdmequestrian@gmail.com www.debbiemarsden.co.uk

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 â&#x20AC;&#x201C; UK

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Inst app exp adju con sou of t sub prin add disc asse rem cos

Com

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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

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

Independent Asbestos Expert Witness & Opinion With over 20 years direct asbestos industry experience, Matthew offers expert witness and opinion on Asbestos exposure, regulatory compliance, remediation and management. •

Exposure

•

Survey/Analytical quality and practice

•

Remedial disputes and standards

•

Compliance

•

Testing

Holder of the Cardiff University Law School & Bond Solon (CUBS) civil expert certificate

www.principis.co.uk matt@principis.co.uk

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

Mr Steve Garven CEDR, MAE, CUBS

Diving, ROV & Subsea Specialist Steve Garven is a highly regarded, leading diving expert witness, expert advisor, expert in determination and internationally accredited mediator. He is regularly engaged in expert, advisory and civil meetings as well as consultations with clients, solicitors and advocates.

Profile

Beginning his career in the 80s as an offshore diver, Steve has progressed through the industry to hold senior positions both on and offshore; Offshore Manager, Diving Manager, Country Operations Manager, Diving Safety Authority and Diving Technical Authority. Combining over 30 years of experience working with major oil and gas operators, main contractors and subcontractors on some of the largest, high profile and technically complex projects across the globe, it is widely recognised that Steve has accrued invaluable skills and knowledge from working within a broad range of multi-cultural environments. Over the last 18 years as a diving expert witness, he has acted in fatal accident, serious injury, asset damage and loss, compensation and personal loss cases. To continue to uphold his integrity as an expert, Steve maintains his industry currency, competency and training, and he continues to work on an ongoing basis in accident/incident investigation, system and project auditing, HIRAs (Hazard Identification Risk Assessments), procedures review/approval, personnel competency assessment, training and lecturing, as well as a diving technical authority and consultant for major oil and gas operators and classification societies.

Attributes

Steve has extensive experience at the highest level. He has a relaxed yet totally focused straight talking style possessing excellent communication, negotiation, commercial and interpersonal skills all carried out with a calm and professional approach. Steve is an active ambassador for safety and improvement in commercial diving as well as the subsea industry as a whole.

Steve’s Practice Areas • • • • • • • • •

Commercial Air Diving Commercial Mixed Gas Diving Hyperbaric Emergency and Evacuation Commercial Diving Regulations and Standards Commercial Diving Safety Processes & Principles Expert Determination Commercial and Civil Mediation Remotely Operated Vehicles (ROVs) Training

+44 141 628 6218 | stevegarven@fastmail.net

When it comes to providing a highly professional EXPERT WITNESS SERVICE Professor Andrew Palmer has all the necessary credentials achieved in his academic training combined with the wealth of practical experience on which he is able to draw. Following a solid academic groundng at Royal Liberty School, Romford, Essex, England, Andrew Palmer gained a BA Degree in Mechanical Sciences from Cambridge University, England; before achieving his Ph.D. at Brown University, Providence RI, USA and a DSc (honorary) Degree from Clarkson University in 2007. He was Jafar Research Professor of Petroleum Engineering at Cambridge University from 1995 to 2006, and after he retired from Cambridge a Professor at the National University of Singapore from 2006-2015, when he retired from the post; Jafar Research Professor of Petroleum Engineering, Cambridge University from 1995-2005; a Fellow of Churchill College, Cambridge from 1967 to present day and visiting Professor at Harvard University from 2002-2003. A member of the management committee, Professor Palmer took an active part in the planning and startup of an Institute for research into petroleum, made possible by a £20 million benefaction from BP and engaging the Departments of Earth Sciences, Applied Mathematics, Engineering, Chemical Engineering and Chemistry. He has been a member of the Faculty Board and the Degree Committee of the Department of Engineering of Cambridge University, a member of the Chemical Engineering Syndicate, a member of the Advisory Committee of the Scott Polar Research Institute, and a Director of the Møller Centre at Churchill College. He is also a Trustee of American University Sharjah Professor Palmer remains much involved in the offshore petroleum industry, and has been engaged to advise on projects in Alaska, the Gulf of Mexico, the Timor Sea, West Africa, Sakhalin, the northern Caspian Sea, Australia and the North Sea. He is also in demand as an Expert Witness and an Arbitrator.

PROFESSOR ANDREW PALMER - BA., Ph.D, DSc CONSULTANT ENGINEER & EXPERT WITNESS Prof Palmer holds Membership/Fellowships to a number of leading Societies including • • • • • •

Fellow of the Royal Society Fellow of the Royal Academy of Engineering; Fellow of the Institution of Civil Engineers; Chartered Engineer; Member of the Society of Petroleum Engineers; Member of the UK Register of Expert Witnesses

In a recent interview Professor Palmer explained the importance of an Expert Witness having a good allround knowledge of his specialist subject: “I think it is quite important for an Expert Witness to have a sound academic knowledge-base combined with a high level of practical experience in order to provide a professional service as an Expert Witness. A lawyer does not necessarily know what a Fellow of the Royal Society really is, and he certainly is unlikely to know how bad some fellows would be as witnesses, but all the same the qualification is sought after and would impress the Court. Similarly, previous experience as a witness is relevant, because a lawyer can find out through the grapevine if he breaks up unquestioning, if he strays outside his expertise, if he makes wild statements, and so on.”

Professor Palmer has acted as an Expert Witness on behalf of the Crown in the public inquiry into the disaster on the Piper Alpha platform, in subsequent litigation in the Court of Session, Edinburgh; on behalf of British Columbia Hydro and Power Authority in hearings on the proposed submarine pipeline to Vancouver Island before the Public Utilities Commission of British Columbia in 1983-84; on behalf of the Metropolitan Borough of Wallasey in the planning enquiries into the proposed Bromborough Dock North Reclamation Area development and the proposed pipeline to Point of Ayr; in litigation and arbitration in England, Scotland, Switzerland and France. “When acting as an Expert Witness in the UK I used to attend Court three or four times a year, for adjudications, public enquiries and acting as an adjudicator. I have had fewer instructions since I came to Singapore, in part because it is a long way from the UK where I am best known, in part because judges have been promoting the idea that in civil cases the parties should seek to reach a solution by mediation, an idea I strongly support.” When asked if he felt it was important to instruct an Expert Witness at the beginning of an investigation/ legal case, as opposed to asking for an opinion at a later stage of the proceedings Prof Palmer told us: “I think it valuable to involve an Expert Witness at an early stage, but always provided that that can be done without compromising the position of the Witness as someone whose responsibility is to the Court, rather than as a partisan.” Prof Palmer is fluent in many languages to various degrees including French, Dutch, German (fluent speaking and reading, slow written); Italian, Spanish, Russian (slow speaking, reading and writing); Chinese (elementary speaking, reading and writing). The named inventor on four patents, Prof Palmer has written five books on structural mechanics, subsea pipelines, petroleum and dimensional analysis, and more than 270 scientific papers and technical articles on plasticity, soil mechanics, structures, pipelines, risk and reliability, ice and permafrost.

Below Prof Palmer outlined some cases where he had acted as an Expert Witness: “The first is public knowledge and there is no confidentiality issue. In some of the other cases, the parties would not wish the whole matter to be publicised again, and I have had to be discrete.

1. After the Piper Alpha offshore platform disaster, there was a public enquiry and later a long case in The Court of Session in Edinburgh. I gave evidence in both. In the Court of Session, I was principally concerned with the breakdown of the firewall between modules B and C after the first explosion in module B, and how the fragments of the wall struck and damaged the condensate pipeline in module C. 2. An international consulting company had offices in several countries. The senior managers in the US office walked out and set up their own company. 3. Two underwater pipelines laid by one contractor A had to be connected by a short L-shaped length of pipe (‘spoolpiece’ in the industry jargon). The spoolpiece was to be fabricated and installed by a second contractor B. When it came to be time to fit the spoolpiece , it would not fit the gap. A said that B had not measured correctly. B said that the pipe ends had moved after the gap had been measured. 4. In the Channel Tunnel, short sections of two pipelines fell off their supports while they were being tested. Eleven companies were involved in different ways. I was instructed by one of them, and explained why it had happened, but it did not go to Court because a settlement was reached.

Prof. Andrew Palmer 200 Pasir Panjang Road #02-15, Pasir Park View, Singapore 118571 Tel: +65 6639 9803; +65 9836 1848 (mobile) Email: andrewpalmer241@gmail.com

Steve Devereux CEng MCIArb Steve Devereux is a Chartered Engineer and oil and gas well drilling expert with 39 years of experience. He has acted as an Expert Witness in arbitrations and has completed forensic examinations of a variety of Drilling problems and incidents. He acts as a drilling consultant for well design, planning and operations. After qualifying as an Aeronautical Engineer in 1979, he jointed Shell as a Trainee Driller. Since then heâ&#x20AC;&#x2122;s worked in around 40 countries, has written 2 Drilling books and is an online tutor at Robert Gordon University.

www.drilling-expert.legal Services Available: Expert Witness for Drilling disputes

Has acted as a party appointed and a Tribunal appointed expert witness. Able to also act as a Single Joint Expert. Will give a half day free of charge to examine details of a dispute and advise whether he has the expertise and the time available to act.

Technical Expert Report

For a Oil Companies, Contractors, Insurers or other parties. Where an undesirable event has occurred which has resulted in actual or potential injury or loss, this type of Expert Report will provide an independent technical analysis of the events in question. This analysis will support as appropriate an Expert Opinion as to the causes and recommendations to prevent a future recurrence. This will be written as simply as possible but for a technically competent audience with explanatory notes if required for non technical readers. If subsequent legal action or Alternative Dispute Resolution (ADR) is resorted to, a Legal Expert Report can be written. The recommended procedure for the Technical Expert Report starts with a full examination of all available data including computer records, logs, reports, photographs, video feeds etc. A subsequent visit to the wellsite include interviews with those involved or present at the time.

Arbitrator for Drilling, Engineering or Aeronautical disputes

Whether your particular requirement is covered above or not, please make contact initially by with some basic details of your requirement, timescale, location and contact details.

steve@drilling-expert.legal France +33steve@drilling-expert.legal 675 790 816 or UAE +971 5444 70207 Steve Devereux CEngtel MCIArb

Mr Mik Chinery Marine Technical Consultant

I am an experienced yacht captain with over one million sea miles logged on private boats on sea deliveries. Writer of technical publications on marine electronics, satellite navigation and seamanship on private leisure boats and superyachts. Former Technical advisor on Motor Boat and Yachting Magazine, Technical editor of Water Skier Magazine and Technical editor of Motor Boats monthly magazine. I have worked on many high profile drug smuggling and “conspiracy to import” cases at Bristol, Belmarsch and Kingston crown courts. I have a great deal of experience in producing court presentation materials to supplement evidence from electronics and yacht log books. As a photo journalist I produce accurate reports with high quality photographs and layouts for use in court by barrister and jury members. In addition as a professional instructor and teacher in my subjects I can make presentations in a “simplified” format suitable for consumption by non technical members if the jury and the judiciary. I am well used to travelling anywhere in the world and have a great deal of experience working in the Middle East, Far East and Europe. I find that in many litigation cases especially those involving faulty workmanship or poor design that my detailed photo reports can often secure a “settlement” without going to court. Yachtmaster examiner, yachtmaster instructor, CMAS scuba diving instructor, experienced marine engineer, ex-service manager for Volvo Marine Engines, Chrysler Marine Engines and Hatteras Yachts in the USA.

Worked closely with Sunseeker Yachts and Gulf Craft Majesty Yachts. I have prepared evidence in litigation cases on failed marine engines and yacht equipment both in the UK and abroad. Drug smuggling, marine engine failures, accidents and insurance loss investigation and marine technical witness.

Areas also include: * Marine expert witness * Marine technical witness * Expert witness marine * Maritime expert witness * Expert witness publishing * Expert witness directory * Drug smuggling expert witness * Drug smuggling on yachts expert witness * Expert witness drug trafficking * Superyacht expert witness.

Mr Mik Chinery Marine Technical Consultant

07745 936235 mchinery@aol.com

MANDERSTAM INTERNATIONAL GROUP Expert Engineers in Process and Industrial Engineering

Niche consultancy prospers in the â&#x20AC;&#x153;CSIâ&#x20AC;? 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 investigative services. Our specialised team comprises talented, wellqualified chartered engineers who perform the "CSI" role within the engineering sector, particularly in the process 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 clientâ&#x20AC;&#x2122;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 process 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 benchmarking 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 companies. 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 information 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:

• • • • • • • •

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

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

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

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

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: •

• • •

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

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 â&#x20AC;&#x153;are a number of common areas where solicitors and other professionals seek expert valuation advice.â&#x20AC;? 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

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, So T:+44 (0) 1292 E:r.szmidt@targetrenew

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 outh Ayrshire, KA7 4EP UK 2 440000 | M: +44 (0) 7952748549 wables.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

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 Consultantsâ&#x20AC;&#x2122; 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

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

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.

â&#x20AC;&#x153; 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

Mr Janusz Knepil BSc (Hons), CSci, CChem, FRSC, EuSpLM, MIOSH, Associate of the Royal College of Pathologists

Forensic Toxicologist Mr Janusz Knepil is a Clinical Biochemist and Consultant Toxicologist Expert witness covering the following: • • • • • • • • • • • • • • • • • •

Addiction. Alcohol. Alcohol assisted rape. Alcohol assisted sexual assault. Alcoholism (biochemical aspects & interpretation). Antifreeze (ethylene glycol) poisoning. Blood alcohol. Breath alcohol. Clinical biochemistry. Clinical chemistry. Drink driving. Drug abuse. Drug assisted rape. Drug assisted sexual assault. Drug child care. Drug concentration interpretation. Drug driving. Drug monitoring.

• • • • • • • • • • • • • • • • •

Drug misuse. Ethanol. Hip flask defence. Immunosuppression. Medical mismanagement. Methanol poisoning. Paracetamol poisoning. Paraquat poisoning. Pathological biochemistry. Post mortem drug interpretation. Prescription error. Substance abuse. Toxicology. Forensic toxicology Therapeutic drug monitoring. Transplant biochemistry. Urine alcohol.

Specialisms:

toxicology, alcohol, drink and drug driving, illegal drugs and prescription medicines, pharmacology, sexual assault, child abuse.

David Berry

(PhD FRC Path MFSSoc MRSC) Independent Toxicology Consultant & Expert Witness

With 45 years as a practising analytical toxicologist and an additional 30 years providing independent toxicology consultancy, David Berry holds considerable experience at giving evidence in Magistrates & Crown Courts; Military Court Marshalls, Employment and sporting tribunals. A specialist in toxicology with particular emphasis on prescribed and illicit Drugs and Alcohol, David Berry has been involved in a range of criminal and civil investigations including driving and alcohol/ drug cases, child custody where drugs and poisons are involved; drug facilitated crime, workplace drug testing, medical reviews, interpretation of forensic toxicological analysis and forensic pathology reports. David utilises his experience and expertise to compile insurance reports, personal injury claims and cases of medical negligence and has acted as an expert witness in Coroners, Magistrates, County and Crown Courts. A qualified analytical chemist, David Berry was employed for 45 years in a specialist NHS toxicology laboratory as a Senior Analyst, working on developing methods for drug analysis and providing services for the analysis of drugs in biological specimens. David began offering his services to support a range of Clinical situations with his main applications of involvement being in Clinical and Forensic drug testing. Inevitably, he became involved with cases that had legal connotations and was drawn into writing legal reports and opinions related to such cases.

David Berry's mainly advises and instructs in the UK but global instruction are considered as he looks to open some new and exciting doors in the future.

Following these experiences, David started to offer these services to the legal profession independently. Today, David Berry specialises in writing detailed toxicological reports and interpretation for criminal and civil (usually insurance) investigations where drugs and poisons and/or alcohol are involved. The toxicology services that David Berry provides have advanced over time. He has become more involved with medical/toxicology reviews in workplace drug testing and also provides expert witness reports for hair testing analysis, mainly for the family courts. Providing valuable assistance to situations where toxicology is potentially involved, David has also undertaken a couple of security related jobs dealing, mainly with the assessments of toxicological risks.

To instruct David directly please contact him on the details below To read his full C.V. Click Here T:01342 324 955 / M:07833 556 460 E:dave_b2@mail.com

XPC Services, Dr. Graham Mould Pharmaceutical & Toxicology Expert Witness

XPC Services provide expert witness advice and written reports for prosecuting and defence counsels on drug related criminal and similar cases. Clients include the Crown Prosecution Service (CPS), Police Authorities and many private solicitors. With over 40 years experience in the pharmaceutical industry, academia and the NHS, XPC Services expert Dr. Graham Mould holds extensive and broad knowledge in the action of drugs on the body and how the body responds when drugs are taken. His area of expertise include clinical pharmacy, clinical pharmacology and toxicology. Dr. Mould is also ideally placed to advise on drug therapy. Previously based at the Royal Surrey County Hospital, Guildford, Dr. Mould has been heavily involved in the close clinical monitoring of patients who were receiving potent drugs, as well as observing the action of drugs in healthy volunteers and in patients. Over the last five years, Dr. Mould's skills have developed in report writing and assessing the action of drugs in criminal cases where the action of drugs might have been responsible. The role of the Expert Witness is to assist the Court on specialist or technical matters within their expertise. Dr. Mould is able to provide an unbiased opinion to the facts presented. His reports are clear and portrayed in numbered paragraphs for ease of reference. Written in detail using the latest research, reports are generally written within two to three weeks following an instruction and can be modified in the light of new evidence.

Welcome to XPC Services Providing expert advice on all things pharmaceutical

Dr. Mould has appeared as an Expert Witness in Magistrates and Crown Court on a number of occasions. He has been instructed to formulate reports centred around cases: • • • • • • •

involving the administration and effect of prescription and over-the-counter medicines in the young and elderly. driving under the influence of drugs and/or alcohol. drug assisted sexual or criminal assault. the use of illicit drugs. errors in dispensing of prescribed medicines. interpretation of toxicology reports relating to drug concentrations. assessing results of overdose situations. Recent cases have included:

•

Prescription drugs and alcohol and the effects of depression and violence in terms of wounding with intent.

•

Drug involved in sexual assaults through the spiking of drinks in bars and club. The volume of cases of this nature seems to have increased in the last twelve months due to the number of drugs and other substances that are now available.

•

The use of dinitrophenol as a slimming agent or to build muscle mass. This compound which is largely purchased online requires the user to ingest a potent and toxic compound and individuals have died as a result of taking it.

T: 01483 685 785 W: www.xpertwitness.co.uk

Dr Elizabeth Soilleux MA, MB, BChir, PhD, FRCPath, PGCertMedEd

Expert Witness Pathologist I am an experienced coroner's pathologist with over 10 years' consultant level experience and experience of over 1,000 autopsies, including many complex ones. I undertake medicolegal cases in haematopathology, autopsy pathology and other areas of pathology by agreement. I am able to recommend experienced expert colleagues where I feel others have greater expertise. With over 8 years involvement in medicolegal work I am able to provide short reports on specimens or full court compliant reports. I can also provide expert biopsy reporting, as either a primary diagnosis or second opinion. Keeping medicolegal cases to 10 - 20 per year, ensures high quality work with attention to detail and a high calibre, very clear and user-friendly service. Turnaround time is 4-6 weeks from receipt of all relevant information, but cases can be expedited if there are extenuating circumstances. Expert biopsy reporting is rapid taking 2-5 days, depending on complexity. 90% of work undertaken is for the claimant although I am happy to work as a â&#x20AC;&#x2DC;single joint expert' and will cover any international geographical area, as, in pathology, material can almost always be posted.

MEDICO-LEGAL | EXPERT BIOPSY REPORTING | CONSULTING SERVICES

Autopsy work will only be undertaken in the UK and Ireland. I am able to translate material from French, German and Spanish.

Please contact me to discuss your requirements without obligation. Dr Elizabeth Soilleux | 07798 643879 | www.expertwitnesspathologist.co.uk

Darrell Jones

Drugs Expert Witness The Chemsex Phenomenon Darrell Jones is a Drug Expert Witness who has spent his time with specialist addiction doctors, psychologists, nurses, counsellors, discussion groups such as The European Chemsex Forum and speaking with men who have previously attended and hosted Chemsex parties to understand what takes place within this not so new drug enhanced sexual environment. I have spoken with a number of different people who are associated with Chemsex and asked the same question “What is Chemsex?”, and I have had numerous answers but it all comes down to roughly the same thing, it’s a term which has been coined to define chemically enhanced sex by men who have sex with men. It takes place within a subsection of the gay community, and it is not just that this arena is growing, but society in general is becoming more aware of it for a variety of reasons, be it social and mainstream media reporting on recent murders within this environment to the use of PEP and PrEP which I will come to later, but the fact that the number of negative incidents linked to this section of the gay community are catching the headlines. Chemsex is seen by many who work within sexual health clinics and other similar services as a complicated sexual arena rather than a complicated drug related arena. Putting those views aside for a moment, this is still a very drug specific setting, the aptly named “un-holy trinity” of drugs, which have become notorious for the scene are Methamphetamine (Crystal, T, Tina, Meth), Mephedrone (M-cat, Meph, Drone) and Gammahydroxybutyrate / Gamma-butyrolactone (GHB/ GBL, G, Gina) or also known as date rape are used by nearly everyone who attends.

Methamphetamine is a strong central nervous system amphetamine-based stimulant. The initial rush creates a euphoric feeling which can last up to 30 minutes depending on the route of administration and the sense of well-being can last 6 to 12 hours. During an event the people who I spoke with said that they would initially slam (inject) the first hit then continue smoking it while engaged in sex, the continued use would maintain the euphoric high and avoid the pain of the inevitable comedown. The next consumable is GBL (gammabutyrolactone) (often used and known as date rape) is a sedative/depressant which creates a similar feeling to being drunk but in control, along with an initial rush of euphoria and reduced inhibitions it is taken on the hour every hour as phones are synched to alert everyone when the next shot is due. Everyone looks out for each other with measurement of doses and effects to make sure no-one goes under, as a typical dose varies from 0.5ml to 1.5ml, two milliliters is enough to induce coma and then there is a fine line between quantities which induce coma to heart failure and death.

Last of the trio is Mephedrone (drone, m-cat, meow meow), chemically similar to amphetamine, and is taken to offset the lethargic effect of GBL. The initial feeling is one of euphoria, extremely horny, and sexually alert to what is going on around, being empathic to others and very confident. This cocktail of drugs all mixed together seriously reduces your inhibitions, boosts your self-worth and engages you with everyone in the room to the extent where you are having sex, lots of sex, with lots of total strangers and feeling the best you have ever felt and are having the best sex you could imagine. A few days later the come down kicks in, and for a short space of time you consider your options, then its back on the apps looking for the next hook up. What really convinces you to go again is that your drug dealer has just sent out another group text with a picture of a kitten smiling with the phrase “Thank F**K it’s Friday get your special offers T,G,M, V’s party packs available” . Some men attend these events to overcome personal issues they may have, consuming drugs to overcome fears of rejection, sexual inadequacies, being ashamed about their body and to feel sexually released. Many gay men have struggled with growing up with a different sexual identity than what may have been expected of them, with the help of these apps men have been able to communicate instantly with people who have had the same feelings and desires to fit in and find friendship. I have seen that this can also come at a cost as they are introduced into a setting they may not have expected, or even liked but again the need to fit in, to be accepted wins over any negative judgement they may have of what is taking place.

To continue reading this article click here The men who attend are from all walks of life and some tend to fit themselves into certain categories of which they are quite proud, for example Wolves: Late 30s to 40s, lean to semi muscular, usually hairy, often with facial hair. Otters: Late 20s to 30s, leaner, usually hairy, often with facial hair and Twinks: Late teens-early 20s, boyish features, thinner to slim build, and usually smooth skinned, to many other descriptive terms which men categorise themselves, and there’s those who don’t who are generally referred to as “others”. Their financial status may be that they sofa surf and live off friends and family, or they have high paid jobs with a large disposable income to men in their 70’s who pay for young sun kissed muscular male escorts/sex workers who are supplied free drugs to advertise on their profiles that a Chemsex party is on. The purpose being to attract similar looking men for the older generation to hopefully get involved with when the free drugs kick in.

Darrell Jones Drugs Expert Witness

07401 042201 Darrell.Jones@drugsexpertwitness.com darrell.jones@darrell-jones-drugsexpertwitness.cjsm.net

www.drugsexpertwitness.com

VICTORIA JENKINS BSc(Hons), CBiol, MSB, MCSFS, MEWI

PHARMACOLOGIST, TOXICOLOGIST & EXPERT WITNESS

Victoria Jenkins is able to combine her professional training, which led to her achieving a BSc. (Hons.) in Pharmacology and Toxicology, with the extensive work experience she gained throughout her career. From her first post learning forensic skills at a North East company through to the three years she spent as Head of the Drug & Toxicology Department at another leading forensic company, Victoria gained an invaluable insight into alcohol calculations, drink drive offences, alcohol, drug and medication effects and interactions. She became an independent consultant in 2002 and also provides reports as a consultant for Biomark Forensics. As part of her continual commitment to develop and extend her knowledge-base Victoria trained in the use of the ‘Camic Datamaster’ and ‘Lion Intoxilyzer 6000UK’ breath testing machines and attended a residential course at the Department of Forensic Medicine & Science in Glasgow; as well as undertaking additional training in the written and oral presentation of forensic evidence to support her work as an Expert Witness. Having attended Crown, Magistrates’ and Youth Courts, Coroners’ Courts and the Royal Courts of Justice in London and Jersey, to give advice and evidence on various aspects of forensic toxicology, Victoria is well versed in the etiquette expected of an Expert Witness in Court. Added to this, her encyclopaedic knowledge of the effects and interactions of a wide range of alcohol, drugs and medicines has been of great assistance in many cases she has undertaken; empowering her with the knowledge required to produce hundreds of professional reports. Victoria offers a diverse service as an Expert Witness and whilst mainly dealing with criminal cases for the defence or as a Single/Joint Expert, she has also carried out personal injury work and medical negligence cases on the behalf of the claimant, defendant or as a Single/Joint Expert. As you would expect of such a consummate professional Victoria is a member of a number of leading organisations including: • Member of the Expert Witness Institute (MEWI); • Member of the Chartered Society of Forensic Scientists (MCSFS); • Member of the Society of Biology (MSB); • Chartered Biologist (CBIOL) • Association of Personal Injury Lawyers Approved Expert (APIL Expert).

Giving us brief examples of cases that she has successfully undertaken in the past, Victoria went on to say: Personal Injury Cases: for example accidents at home or in the workplace where somebody has ingested alcohol, prescription drugs or illegal drugs. I have been asked to consider whether the drugs/alcohol ingested may have affected co-ordination, balance, concentration etc and therefore have contributed towards the accident happening. Medical Negligence Cases: for example where an individual has been prescribed the wrong medication by mistake or has been prescribed the wrong dose of medication and I have been asked to comment on the effect this may have had on their health. Criminal Cases: most often these are driving offences. In the case of alcohol, I may be asked to consider whether an individualâ&#x20AC;&#x2122;s recollected alcohol consumption is consistent with their breath reading and whether their reading would have been below the limit if they had not consumed post driving or laced drinks. I have also been asked to consider post driving and laced consumption in relation to drug driving offences. I am also often asked to comment on the effects of alcohol and/or drugs on an individual at the time they committed an offence and/or at the time they were interviewed. I have been asked to consider toxicology reports in Post Mortem cases to assess whether the effects of drugs and/ or alcohol may have contributed to someoneâ&#x20AC;&#x2122;s death. In cases where an individual claims that they have had their drinks spiked (often to facilitate rape), I have been asked to comment on the effects of any drugs that may have been detected in their blood or urine samples. If no drugs were detected, I have been asked to consider whether any drugs may have been administered that could have passed out of the body prior to samples being obtained and if so whether the effects of these drugs are consistent with any effects described by the individual.

VICTORIA JENKINS

BSc(Hons) CBiol MSB, MCSFS, MEWI

T: 0191 378 1939 M: 07890 030 366 E: victoria.jenkins@live.co.uk

The science of reconstructing a Road Traffic Collision Instructing an Expert is sometimes a tricky choice. How do you know who to trust with a high value catastrophic loss case or a Death by Dangerous Driving matter, after all standing on the steps of the Court would be a bad time to find out you have chosen poorly! I am sure that we have all heard of (or have personal experience of) constructing a case around a certain set of parameters only to find that the Expert has had to concede a number of critical points upon which your case hinged. Why is that so common, and what can you do about it?

Firstly, it is important to understand where your Expert’s experience is likely to have come from. Typically, Experts in this field come in two distinct categories – Academics or retired experienced Police Officers. The academic route often deals with the complex analysis and mathematical parts of the discipline exceptionally well. Often filled full of research papers and robust discussions of physics, however often a little underwhelming with regards to scene process, evidence and that ‘feel’ for a live collision scene. Alternatively, the Police Officer route, with an understanding of live collision scene that is unparalleled, a strong knowledge of the law, and a confidence in giving live evidence, but perhaps a little vague when it comes to propping up their opinion with cutting edge research or mathematical modelling.

But, what if you didn’t have to choose and could actually have both? There is a huge strength in an Expert who has, not only been at the scene of countless road traffic collisions and been responsible for the collection of the evidence, but also written the academic papers that support the advancements of knowledge in the field. That is exactly what FCIR pride themselves upon! We have those Experts that can demonstrate that not only have they ‘seen that happen in real life’, they have also published the academic material that is now being taught to Collision Investigators in the field. This is what sets FCIR apart. But it doesn’t stop there, with the advancement in vehicle-based technology marching on at a rate faster than ever, the role of a Collision Investigator is moving away from the conventional measurement of skid marks, to interrogating vehicle airbag modules. Measuring the locus of a collision is less about the use of a tape measure and more about state of the art 3D laser scanning. Demonstrating complex collisions to a Court is less about explaining with toy cars and diagrams and more about 3D animations. CCTV has advanced leaps-and-bounds from the simple, ‘say what you see’ approach, to the forensic analysis down to the millisecond – FCIR have specialist equipment to allow for such and analysis – indeed they we were instrumental in the development of the Home Office equipment used by the Police. When establishing if a motorcycle headlamp was illuminated, why instruct an Expert who would use an optical microscope only, when a Scanning Electron Microscope (SEM) allows you to scientifically analysis the fracture face of a bulb filament? Again, FCIR possess this skill set. These are the types of questions that should be asked when instructing an Expert, to see if they are remaining current and extracting the full amount of information for you – or if this is the Expert you will be meeting on the ‘other side’!

Choosing the right Expert is essential, with significant consequences if the choice is the wrong one. Ensuring that justice is done and that the Claimants and Defendants situations are accurately put is the keystone of FCIR’s principles. It is to this end that we offer a free of charge initial review into any matters that our clients may have so that everyone is in a clear position from the beginning.

Kathryn Thorndycraft-Pope

Handwriting and Signature Authenticity

athryn Thorndycraft-Pope has been working within handwriting forensics for twentyfive years, initially with the Grampian Police Force and, in the last Eighteen years, as an Independent Forensic Document Examiner from her office in Aberdeenshire. As a trusted expert, the majority of cases that Kathryn receives instructions on include questioned signatures on Will disputes, leases & contracts, multiple/second mortgage applications, guarantees etc. This year, Kathryn has provided reports for drink-driving offences whereby the accused denies that their signature is on the form (i.e. not agreeing to the blood test). She has also worked on several handwriting cases in the past focused on the letters involved in attempted murders. A Forensic Handwriting/Document Expert becomes involved when the authenticity of a document is in question. For instance, when a Criminal Defence Lawyer or Lawyer specialising in family problems has a divorce case to deal where a loan has been taken out with the joint property as security or sometimes a second mortgage. One party knows nothing about this but the other partner has simulated their signature to secure the money. The expert will then have to prove whether or not one of the signatures has been simulated or if in fact, are genuine signatures which appear on the agreement. This example is a common occurrence in Kathryn's work.

Discussing her role, Kathryn explained: â&#x20AC;&#x153;I need, whenever possible to examine the original documents but often only a photocopy is available, which I can use as 'best evidence' but does affect my conclusion. I have to meet up with the clients and obtain their formal handwriting samples and also a quantity of 'known' everyday signatures as found on passports, driving licences, store/ credit/debit cards etc.â&#x20AC;? This enables Kathryn to establish a persons 'natural variation' as no one can write exactly the same each time they write. Kathryn will then draw out and note all the formations, heights, widths, layout, slope, use of punctuation and even items such as the crossing of 't' dotting of 'i' of the 'questioned' and the 'known' writings comparing them to establish whether or not they are genuine or a possible simulation. If the possibility of simulation is evident and there are key signs such as tremor, hesitation and tracing; Kathryn will take photographs of the evidence and prepare a Forensic Science Report and if appropriate, an Illustration describing her findings for use in Court or during industrial tribunals.

Case examples: Case Examples The consequences of expert witness casework often involves a case going to Court and, depending on the severity or amount of the actual fraud, could be punishable through Community Service, a large fine or up to 25 years imprisonment. A large case Kathryn was involved with in the last year involved Car Hire Documents, where the expert was able to prove all details and signatures had been forged. This was a case involving two large drugs gangs in Scotland chasing each other; one in a hired car from which a gun was fired at the other car - which ended up as a murder case. Kathryn was able to prove that her client was not involved after she attended a prison to obtain his handwriting samples - four other people in this case were each given 25 years in prison. In another interesting case, Kathryn was asked to investigate a case of fraud that took place in Nairobi, where a gentleman died and the only person present was his girlfriend who had emptied the house and sold it, possibly by forging his signature. The time frame to undertake these examinations can vary. A single signature fraud usually takes about 7 hours to undertake all as mentioned above. However, Kathryn's caseload is very large so, when a case is received, she can usually complete and return a report within a month - often depending if it has a Court date. As a Certified Document Examiner, award-winning Kathryn is a Member of the Expert Witness Institute and a Member of NADE - National Association of Document Examiners, and as such regularly attends the annual NADE Conferences usually held in the USA & the Worshipful Company of Security Professional in Inner City of London. Catriona MacDonald has a Master of Science in Document Analysis from University of Central Lancashire and she has completed 12 months internship with my firm FHDI , she is now undertaking Joint Forensic Science Reports as part of her 2 yrs training with myself.

Kathryn Thorndycraft-Pope CDE MEWI FHDI (Forensic Handwriting & Document Investigation) T:+44 (0) 1569 764 508, M:+44 (0) 7710 655 838; E:kt@fhdi.co.uk W:www.fhdi.co.uk

Graham Oakley MIMI Great Britain has one of the best road safety records in Europe and the world. Despite a huge rise in traffic over the last few decades, the number of people killed on our roads has fallen from around 5,500 per year in the mid 1980s to well under 2,000 in 2011. However, the number of deaths rose in 2011, from 1,850 the previous year to 1,901. This means that five people die on Britain's roads every day. In the aftermath of a Road Traffic collision, it is vital for those in the Legal profession to seek the services of a professional Expert Witness who has the knowledge and expertise required to prepare high-quality written evidence and reports providing independent, constructive opinions relating to the incident. Court proceedings are highly expensive and time consuming so it is essential that an Expert Witness is able to handle the court process with confidence and competence. That's exactly what you can expect to receive from collision investigation consultant Graham Oakley MIMI who has built-up an impressive reputation within the legal industry for his expertise as an Expert Witness in the field of accident investigation and presentation of evidence at all levels of court proceedings. In 1983 Graham became a founder member of a Police Forensic Collision Investigation Unit, a post he held until retirement: "During my Police career I attended many courses on advanced driving, collision investigation, motor vehicle examination, traffic law and technology related to motor vehicles."

In addition to becoming a Police first class advanced driver, he also passed both passenger service vehicle (PSV) and heavy goods vehicle (HGV) driving tests.

Graham is able to draw on his vast experience having attended more than 1,000 accident scenes during his 30 year Police career, as he explained in a recent interview:

For many years he assisted the Ford Motor Company with testing and development of preproduction road vehicles and received training for both racetrack and off road driving."

"twenty three years of my police service were in road policing, the last 15 years exclusively involved in the attendance, investigation and reporting of serious and fatal road collisions throughout the county of Essex. These incidents ranged from minor non-injury collisions to multi vehicle fatal motorway crashes, often necessitating presentation of expert witness evidence at all levels of judicial proceedings from Magistrates' Court, Coroners Court, Crown Court, County Court, through to the High Court and the Central Criminal Court.

Graham has carried out investigations on behalf of the Police Federation of England and Wales, HM customs & Excise, Border Force, the AA and the RAC: "I have also acted as a Consultant Adviser to a television company, film company and major tour operator, and have made presentations to government ministers in Russia, Azerbaijan, Kazakhstan and Ukraine on the subject of collision investigation."

This unique background has provided me with a sound knowledge of the subject and the confidence to handle in a totally professional manner all aspects of road traffic incidents".

On retiring from the police, Graham set-up his own forensic collision consultancy appropriately named Crash Detectives Ltd from which he offers a wide range of professional services to the legal and insurance industries throughout the UK and in Europe including: •Evaluation of all documentary evidence •Evaluation of police statements and reports •Evaluation of cctv and dashcam recordings Investigation and scientific reconstruction of collisions •Interviewing witnesses •Collision scene photography and plans •Video recordings including in-car scene drive-through. •Mechanical inspections of all types of vehicles

Legal aid and single joint expert instructions undertaken Graham has for several years been included in directories of UK Register of Expert Witnesses, Society of Expert Witnesses, Association of Personal Injury Lawyers and is now pleased to be associated with Forensic and Expert Witness.

To view some of the many case studies on projects Graham has successfully completed visit website: www.crashdetectives.co.uk To learn more contact: E:enquiries@crashdetectives.co.uk Graham Oakley email: enquiries@crashdetectives.co.uk T: 01245 323246 Tel: 01245 323246 M: 07768 792341 Mobile: 07768 792341 W:www.crashdetectives.co.uk Web:www.crashdetectives.co.uk * Statistics provided by RoSPA

D & HB Associates Experts in Road Traffic Offences • • • • • • • •

Accident Investigation and Reconstruction, both Criminal and Civil Offences from Speeding to Causing Death by Dangerous Driving and Death by Careless Driving Tachograph Analysis Vehicle and Component Examination Stolen Vehicle Examination and Identification Locus Reports, Scale Plans and Photographs Statement Taking Tyre Technology* Federation of Forensic & Expert witnesses * We are affiliated to New Law Associates Ltd (tyre specialists)

D&HB Associates Ltd are a team of 5 former highly trained Police Officers who between us served for a total of over 100 years on the Police Traffic Division. Our consultants are recognised ‘Experts’ in the field of Accident Reconstruction being members of various organisations including the Institute of Traffic Accident Investigators and the Expert Witness Institute. Having now retired, we specialise in preparing reports for the Court in all Criminal Cases from Speeding through to the most serious offence of Causing Death by Dangerous Driving and the new offence of Causing Death by Careless Driving. We also prepare reports in Civil Cases for Solicitors and Insurance Companies, being fully conversant with our duties under the Civil Procedure Rules. We work for both Claimant and Defendant and as a Single Joint Expert. As a team, we not only specialise in accidents, but all incidents where a driver has been charged with motoring offences. Our expertise covers all motor vehicles, cars, motorcycles, goods vehicles and buses, all our consultants not only holding licences to drive all vehicles, but they are also ‘Police Advanced Drivers’ trained to the highest possible level. Whilst preparing reports for accidents which involve all types of vehicles, in particular we specialise in motorcycle accidents and accidents involving emergency response vehicles, police, fire and ambulance. We also examine all stolen/suspect stolen motor vehicles as to their true identity. If you want an ‘Expert’ to provide a report, be it for criminal or civil proceedings look no further. D&HB Associates will provide you with a report which will be honest and true. We will point out the bad points as well as the good! As a company we provide reports in well over 200 cases per year. We have no limits as to where we travel. Not only do we work throughout the UK and Ireland, but also most of Europe, the Caribbean and the Far East. Should you require and further information, please do not hesitate to contact us. We do not charge for an initial consultation. References from solicitors and barristers can be sent on request.

T: 01538 722544 | M: 07973 289162 | E:info@dandhb.com | W:www.dandhb.com

DAVID BUNKER Arbitrator & Mediator Resolving your dispute with professionalism and expertise • With over twenty years experience as a Chartered Accountant Mr Bunker’s expertise covers the disposal and acquisition of businesses, management buyouts, shareholder and employee disputes and taxation enquiries. • A particular speciality is in the resolution of business disputes between partner proprietors of a business, whether based as partnership or limited company, and in commercial disputes between businesses. • He is able to act as an expert in the resolution of disputes around business valuations, minority share valuations and disputes arising out of purchase and sale agreements. • Mr Bunker is an experienced Mediator of commercial disputes registered with ADR Group and Academy of Experts and a member of the Chartered Institute of Arbitrators as an Arbitrator of Partnership and Shareholder Disputes.

T: 0117 4037799 M: 07831 784006 davidbunker@david-bunker.com www.david-bunker.com 66 Gloucester Road Bristol BS7 8BH

Arbitration or Mediation:

Which is a Better Fit For Your Dispute?

I have been involved in resolving a great many commercial disputes either by means of Arbitration or by Mediation.I have a great respect for both processes but find it inescapable that some disputes get settled by Arbitration when Mediation would have been more appropriate and vice versa. In this article I will highlight the salient differences and give some pointers as to which process to use. The first difference is the availability of the process. Mediation is available as an option before proceeding to trial for almost any commercial dispute. Indeed, it is positively encouraged by the Court, who are likely to penalise a successful litigant who has declined to first try Mediation by restricting the Costs awarded. By contrast an Arbitration can only be entered into if there is a contractual agreement that Arbitration can be invoked in the event of a dispute, which pre-dates the dispute that has now arisen.

Both methods of Dispute Resolution are often presented as being relatively informal.

This aspect has, perhaps, been overstated. Both methods do offer a route for resolution of the matter in question without the formalities, costs and timescale of the Court, but they have built up their own procedures. Both procedures can proceed as fast as both Parties are able, at a venue mutually agreed, and to that extent there are obvious cost savings. In my experience a Mediation can be arranged more quickly than an Arbitration Hearing. I have never been involved in an Arbitration Hearing where the Parties did not opt for a quasi judicial setting, with Counsel representing each side and Court formalities observed.

DAVID BUNKER

Arbitrator & Mediator

The crucial distinction between the two procedures is that an Arbitration results in a decision which is binding and a Mediation does not. At the end of a Mediation the Parties can either come to an agreement or accept that they will meet each other again in Court.This is simply not the case with an Arbitration; the Arbitrator will provide a decision which is very difficult to overturn. This crucial difference has a significant effect on the approach and demeanour of both Parties.In my experience, some Parties enter a Mediation simply to test out the resolve of the other Party. This cannot be the case with Arbitration. The Arbitration Hearing is the first and final opportunity for each Party to present their case before an independent third party.

So which process is better?

Both have much to recommend them for the resolution of commercial disputes compared with the conventional Court process. It has been my observation that Arbitration is more appropriate for a fundamental dispute over an issue of principle or question of truth. These kind of disputes are unlikely to be resolved without seeking the final decision of an experienced independent person and are rarely resolved satisfactorily at a Mediation. However, if a dispute is fundamentally a commercial dispute where there is an element of responsibility to be borne by both sides and the dispute centres round the division of the financial consequences of a failure of a commercial agreement Mediation is a more appropriate method to bring the dispute to a negotiated conclusion so that both Parties can put the dispute behind them.

David Bunker

T: 0117 4037799 M: 07831 784006 davidbunker@david-bunker.com www.david-bunker.com 66 Gloucester Road Bristol BS7 8BH

Tel: +44 (0)1275 390407 Fax: +44 (0)1275 390439 Mob:+44 (0)7891 492002

In todayâ&#x20AC;&#x2122;s complex financial and business world there is often the need for a forensic accountant with meticulous attention to detail combined with analytical and interpretive skills of the highest order. David Cook is a chartered accountant with over 40 years experience of acting for corporate and private clients. David operates solely as a forensic accountant and expert witness and offers a diligent, personal and cost effective approach. Chris Gahagan is a chartered accountant, who has a law degree, with over 20 years experience. Chris worked with David at PKF, has strong commercial expertise and has joined DRC Forensics Limited to broaden the strength of the team

Chris Gahagan LL.B FCA Associate Director

David Cook JP FCA MAE

Director Forensic Accounting

DRC Forensics Limited offers the complete range of forensic accounting and litigation support.

Services include: * Fraud * Money laundering * Confiscation orders * Loss of profit * Professional negligence * Personal injury * Fatal accident * Partnership disputes * Shareholder disputes * Business valuations * Matrimonial including collaborative law

www.drcforensics.co.uk

We are experienced in: Commercial disputes Accident/injury claims Valuations Insurance claims

For further information please contact us: vanessa.winspeare@mjn-forensics.co.uk Telephone: 01747 834 412 or 07414 862 990

www.mjnforensics.co.uk

Tracing its roots back to 1933, MDD is an award winning forensic accounting firm specialising in economic damage quantification calculations. In situations such as business disputes, natural or manmade catastrophes, business interruption, fraud or defective product recall, MDD can help by accurately determining the value of harm or injury that has been inflicted on a person or property. We regularly work with law firms, government entities, multinational corporations, small businesses, insurance companies and independent adjustment firms to provide independent objective assessments that enable fair and equitable settlements. With forensic accounting professionals in over 40 offices on 5 continents, MDD has global resources to assist our clients with their forensic accounting needs. Our work spans more than 130 countries and 800 industries. We have highly qualified resources available at all levels who not only boast accounting qualifications from several international bodies but also undergo regular intensive internal training. We speak over 30 languages and hold 18 distinct professional designations, with many possessing additional credentials in fraud detection and valuation. Our forensic accountants are exceptionally dedicated, singularly qualified experts with proven track records who provide clear and concise assessments that stand up to scrutiny. Our partners and senior staff regularly provide extensive litigation services and expert witness testimony in courts, arbitrations and mediations throughout the world.

Paul Paul Isaac Isaac| |Partner Partner ACMA, CGMA, MEWI, MAE ACMA, CGMA,CVA, MEWI, MAE

Marlow House 1a Lloyds Avenue London EC3N 3AA E: pisaac@mdd.com T: +44 203 384 5499 M: +44 7725 509 918

Industry Experience

Professional Experience Overview

> Automotive > Chemical Manufacturing > Entertainment & Hotels/ Restaurants > Food & Beverage > Mining > Pharmaceuticals > Power Generation > Pul & Paper > Retailers & Wholesalers > Steel & Aluminium > Technology

Paul joined MDD Forensic Accountants’ London, England office in 1999. He moved to Asia in 2004 to establish the ﬁrm’s Singapore office before returning to MDD London three years later where he is currently a Partner.

Practice Areas > Business Interruption > Contingent BI > Business Valuation > Cyber > Increased Costs of Working > Litigation Support > Loss of Profits > Product Liability and Product Recall > Stock & Contents

Paul’s forensic accounting practice focuses on economic damage quantification relating to both insured and uninsured matters. Within the insurance field, Paul has extensive experience in dealing with business interruption claims including loss of profits and increased costs of working for both property and liability insurers. Paul has also a depth of experience in handling fidelity, stock & contents and valuation matters. He has worked on files ranging from £25,000 to those in excess of £200 million. Paul also has significant experience in the catastrophe service areas dealing with Business Interruption and CBI losses for Insurers and Reinsurers arising from high profile catastrophes such as 2017 Hurricanes Harvey, Irma and Maria, 2011 Thailand Floods, 2011 Japan earthquake, 2007 UK floods, 2004 Asian Tsunami. Paul’s non-insurance work includes working for both claimants and defendants where financial loss is alleged arising from contractual dispute or tort. He has also assisted clients in tracing proceeds of crime and shareholder disputes.

Litigation and Arbitration Experience Paul has extensive experience in litigation support services. He has provided both written expert reports and witness testimony for the High Court and at Arbitration (including LCIA, ICC and ICSID). He has assisted in numerous mediations and is a member of the Expert Witness Institute and Academy of Experts.

> mdd.com

NORMAN COWAN

FCA FABRP MCIArb MEWI

•

IF YOU ARE SENT BY GOD, I WELCOME YOU; BUT IF YOU COME FROM THE DEVIL, DON’T GO AWAY : STARTING WITH AN UNBELIEVABLE INVESTMENT RETURN!

Published on April 27, 2018

The promise of earning a return far above the market rate is something irresistible to many who just want to increase their personal fortune. Going back to 1920 probably the most famous exponent of an investment fraud, was Charles Ponzi, from whom the expression “Ponzi Scheme” is derived. His promised rate of return was a 200%. Since there was no underpinning business, the real return was limited and was paid from receipts from newer investments.

REASONS FOR PONZI SCHEMES HAVING AN INITIAL SUCCESS Since the collapse of the Charles Ponzi scheme there have been over 60 worldwide similar schemes. The most infamous was that set up by Bernard Madoff which lasted for over thirty-years being exposed in December 2008 having managed to con investors out of over $65 billion. The irony was that Madoff was a highly respected financial expert, giving an air of respectability, with investors being mostly well educated and supposedly having a degree of financial acumen. Often, high returns encourage investors to leave their money within the scheme, so the operator does not actually have to pay out very much to investors. The promoter will simply send statements showing how much they have earned, which maintains the deception that the scheme is an investment with high returns. At the same time promoters also try to minimize withdrawals. Having provided expert reports in connection with two Ponzi schemes, I have wondered how these schemes proliferate. The basic mechanism is the tendency of humans to model their actions on the behaviour of other humans termed “irrational exuberance. In simplest terms, the fact that so many people seem to be making big profits on the investment, and telling others about their good fortune, makes the investment seem safe and too good to pass up

"Alas, our frailty is the cause, not we: For such as we are made of, such we be" William Shakespeare

FIVE SUGGESTED FACTORS MAKING PONZI SCHEMES SUCCESSFUL I. Gullibility Where a person goes ahead with a financially risky behaviour despite danger signs, or unresolved questions. One can have a high IQ and still prove gullible. People of average and above-average intelligence fail to use their intelligence fully or efficiently when addressing everyday decisions. II. Situation An individual, before investing must consider whether to invest in a risky venture, which is more likely if the social and other situational pressures are strong. The Madoff scam, for example, had strong social feedback pressures. where the reputation of Madoff may have affected the judgment of the potential victims. However, Madoff was rarely involved with the individual investors, relying on feeder funds to collect money from individual clients and pass it on to him for investment, with hedge fund managers trusting Madoff because of his reputation. Indeed, he had given steady returns over a long period of time. Since the individuals dealt with long established hedge funds, they didn’t question how the returns were achieved, relying, not-surprisingly, on the hedge funds having done their research. III. Cognition Gullibility can also include a lack of clear thinking. Individuals can have a high IQ yet still be quite gullible. Impulse and intuition driven by emotion often lead to irrational decisions even among the most intelligent. Human nature being what it is will suggest the willingness to take the easy way out and place complete trust in others. IV. Trust Human relationships depend on interpersonal trust. An unwillingness to contradict or question a trusted colleague or friend helps the Ponzi promotor. Alan Greenspan said that “the wise person knows when to trust and when not to”. It can be difficult to say no if there is no reason to disbelieve. V. Emotion Emotion is part of every gullible act. The Ponzi scheme investor has an overwhelmingly strong desire to increase his wealth. This desire is so strong that it interferes with logical reasoning and causes the individual to exhibit gullible and irrational behaviour.

WHY DO PONZI SCHEMES COLLAPSE? Ponzi schemes require a consistent flow of money from new investors to continue. With little or no legitimate earnings Ponzi schemes tend to collapse when it becomes difficult to recruit new investors or when many investors ask for their investment back.

CONCLUSION So how do Ponzi schemes continue to proliferate. In my opinion it is the status and confidence of the Ponzi operator, where that person holds the conviction that the operation is legitimate and will continue. Even Charles Ponzi at his trial stated that “in his belief the business was always lawful”. Years after the trial he maintained that he was brought down by a mysterious conspiracy of officials and others whose actions were unjustified.

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