Expert Witness Seminar - The essentials for practice

Date: Thursday, 02 Oct 2014, 09:00 - 17:00 Location: Hilton Hotel - Milton Keynes, Timbold Drive, Kents Hill Park, Milton Keynes, Buckinghamshire, MK7 6HL Member cost: £144 (including VAT) Non-member cost: £180 (including VAT)

Speakers:

Graham Chase FRICS FCIArb FRSA FInstCPD
Senior Partner of Chase & Partners LLP - retail and leisure property agents. Graham's main activities are the acquisition and sale of retail and leisure property for occupiers, investors and developers and in addition he is a practising arbitrator and expert witness. He is a Past President of the RICS and a former Chairman, current President of the Association of Town & City Management.

Her Honour Frances Kirkham BA AKC FCIArb CBE
Former solicitor and TCC Judge in Birmingham, Frances is a practising arbitrator, adjudicator and a Justice of the Qatar International Commercial Court and Dispute Resolution Centre. She is currently tasked by the Society of Construction Law to collate members' views about the use of Expert Witnesses in dispute resolution in the construction industry.

Helen Simpson BA (Hons)
Partner at Dentons UKMEA LLP. Helen leads the Dispute Resolution team in Milton Keynes. Her practice covers commercial litigation and dispute resolution matters, including contractual, construction, business/partnership disputes and professional negligence claims. She is a Solicitor Advocate and a CEDR accredited mediator.

Murray Armes BA(Hons) DipArch MA MSc RIBA FCIArb, MAE
Managing Director of Sense Studio Limited – forensic architects. An experienced construction adjudicator, mediator and expert witness Murray has recently been appointed to FIDICs Dispute Boards.

Mark Thomas BSc MSc LLM FRICS FCIArb MAE
Director of Thomas Sands Consulting – Chartered Quantity & Building Surveyors. Mark is Chairman of the Thames Valley branch of CIArb. He is also a past director of the CIArb's expert witness courses. A practising expert witness and adjudicator, Mark currently sits on the Expert Witness working parties for the RICS.

Michael Cohen LLB FAE QDR FCIArb Barrister
Chairman Emeritus of The Academy of Experts, a Qualified Mediator, Chartered Arbitrator as well as an Expert. He is responsible for the professional standards and training of Experts and Dispute Resolvers around the world. Director of the ADR Centre.

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 PRE-TRIAL DUTIES OF AN EXPERT WITNESS

• 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

• What a Judge wants from an 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

7) HANDLING EXPERT WITNESS APPOINTMENTS

• How do you get work?
• What registers are there?
• Agreeing your terms & conditions
• How to charge and how to get paid

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