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Expert Witness Seminar - The essential for practice -

Date: Thursday, 16 May 2019, 09:00 - 17:00 Location: Whately Hall Hotel, Horsefair, Banbury, OX16 0AN Member cost: £168.00 (including VAT) Non-member cost: £192.00 (including VAT)

Lucinda Baker LLB(Hons) Solicitor

Lucinda is a partner in Harrison Clark Rickerbys, solicitors. Specialising in construction and engineering Law, she is an author of education/construction guides for and is a LexisPSL Construction Expert. She advises professionals, developers and contractors on procurement, standard and bespoke forms of contract and on development agreements and finance. Outside work she plays netball, was in the Territorial Army for 10 years and supports the Campaign for Real Ale.

Keith Blizzard BSc (Hons) DipArb FRICS FCIOB FCIArb CArb FFB HonFQSi

Keith is a Chartered Quantity Surveyor, Chartered Construction Manager, Chartered Arbitrator, Construction Adjudicator, Commercial Mediator, Registered Dispute Board Member, Forensic Surveyor and Visiting Lecturer. He is a non-solicitor partner in the Construction Team of Harrison Clark Rickerbys. Keith is an RICS approved Tutor, Assessor and Examiner for its Diploma in Arbitration, Diploma in Adjudication and Expert Witness Certificate. He has delivered papers on a variety of subjects at conferences in the UK, Europe, the Middle East and Asia. Keith is a Past Chairman of CIArb’s West Midlands Branch.

Katerina Hoey BSc DipArch MSc (Construction Law) ARB RIBA MCIArb MAE

Katerina is a Chartered Architect with over 25 years’ experience in the construction industry in the UK and Middle East. She is Associate Director with forensic architects, Probyn Miers. As well as running live projects, she is a practising architect expert witness and has acted in disputes involving matters of professional negligence, building defects, regulatory compliance, design defects, planning, design management and contract administration, as well as a variety of technical issues.

Her Honour Frances Kirkham CBE BA AKC FCIArb

Former solicitor and TCC Judge in Birmingham, Frances is a Chartered Arbitrator. She is a practising arbitrator, adjudicator, mediator and a Justice of the Qatar International Commercial Court and Dispute Resolution Centre.

Mark Thomas BSc MSc LLM FRICS FCIArb FAE

Director of Thomas Sands Consulting – Chartered Quantity & Building Surveyors. Mark is a past Chairman of the Thames Valley branch of CIArb and of the CIArb’s expert witness courses. A practising expert witness and adjudicator, he is currently the lead trainer on the RICS’s Expert Witness Certificate and an assessor for its Expert Witness Assessment panel.

1) WHO SHOULD BE AN EXPERT WITNESS

  • Must you be a specialist?
  • Should you be currently practising in your particular field?
  • How up to date must you be?
  • Honesty: To Clients and Lawyers and Why
  • Professionalism: In all you do.
  • Impartiality: To all parties - its implications
  • Truthfulness: Avoid being economical with the truth

2) LEGAL AND PRACTICAL ASPECTS OF EVIDENCE

  • Understanding Legal Jargon
  • CRP, Part 35 & Single Joint Experts
  • Statements of case and time scales
  • Disclosure of documents & privilege
  • Judges' order for 'WP' meetings of experts
  • Lawyers' expectations of experts including-
  • Understanding of the process
  • Evidence of thorough investigation
  • Clear and unambiguous language

3) THE APPOINTMENT AND PRE-TRIAL DUTIES OF AN EXPERT WITNESS

  • Getting the right instructions and formalising your appointment and T&Cs
  • Ensuring you get paid
  • The privileged preliminary report
  • Avoiding the 'cast iron' case syndrome
  • Assisting with the preparation of a case
  • Assisting in the Discovery Process
  • 'Without Prejudice' meeting of Experts:-
  • Whose agenda do you work to?
  • Are you there to settle or fact find?
  • Do you meet before or after exchange?

4) THE JUDGE'S VIEWS ON EXPERT

  • How a Judge weights the Expert's evidence

5) EXPERT WITNESSES' REPORTS / PROOFS OF EVIDENCE

  • Actions at an Inspection/Visit/Examination:-
  • Preparation in advance
  • Making the most of the inspection
  • Should you revisit/re-examine
  • The Preparation of your report:-
  • The use of simple plain English
  • How to keep a fully annotated set structure
  • Preparing reports on Liability
  • Preparing reports on Quantum
  • Appropriate use of appendices
  • Resisting pressure from lawyers
  • Declarations and Statements of Truth

6) DUTIES AT THE TRIBUNAL HEARING

  • Different types of tribunal
  • Arrangement of court and parties
  • Procedures adopted by the court
  • How much of the core bundle and other experts' reports must you know?
  • How much of the hearing must you attend?
  • Extra duties during the hearing
  • How do you give evidence?
  • Who do you address?
  • Some cross examination techniques.
  • Beware making calculations in the witness box
  • Changing one's mind

Any queries for this event can be directed to Mark Thomas at mthomas@thomassands.co.uk or call 01628 667974.