EXPERT WITNESS SEMINAR - the essentials for practice -

Date: Tuesday, 01 Oct 2024, 09:00 - 17:00 Location: Holiday Inn Reading South / J11 M4, Basingstoke Rd, Reading, Berks, RG2 0SL Member cost: £180 (including VAT) Non-member cost: £216 (including VAT)

Professor Graham Chase FRICS FCIArb FRSA FInstCPD

Graham Chase is, first and foremost, an agent who brings the market to the professional side of Court, Tribunal and ADR activities. He has appeared as an expert witness in most dispute formats and is one of the UKs leading property dispute resolvers sitting on both the RICS DRS and CIArb DAS panels. He is a Past President of the RICS and Past President and current Chairman of the Association of Town & City Management

Nicola Cohen CAE

Nicola is the Chief Executive of The Academy of Experts, which is the principal professional body founded for those acting as Expert Witnesses. She has been actively engaged in the establishment of Best Practice and the setting of standards for experts and regularly liaises with the Ministry of Justice and other organisations, both in the UK and internationally. She is actively involved in training experts and dispute resolvers in the UK and around the world.

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

Katerina is a Chartered Architect with over 30 years’ experience in the construction industry in the UK and Middle East. She is a Partner with forensic architects, Expert Architect Studio LLP. Having spent many years running live projects, she is now apractising 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.

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. He is a practising expert witness, arbitrator and adjudicator, and is currently the lead trainer on the RICS’s Expert Witness Certificate, training RICS members worldwide. He also chairs the RICS’s assessment panels for their Accredited Expert Witnesses.

Ruth Wilkinson Solicitor

Ruth is a legal director in the construction team at Hill Dickinson LLP. She has significant experience in construction and engineering advising on both disputes and front-end contract drafting, on JCT, NEC & FIDIC standard forms, against a wide range of projects including offices, retail, hospitals, schools, process engineering, rail and power plant. Ruth is a member of the Technology and Construction Solicitors Association and is the Regional Coordinator for the Reading region of the Society of Construction Law

PROGRAMME OF PRESENTATIONS

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: Don’t be 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

Experts’ liabilities

Lawyers’ expectations of experts including-

• Understanding of the process
• Evidence of thorough investigation
• Clear and unambiguous language

3) PRE-TRIAL DUTIES & MEETINGS OF EXPERTS

The status of preliminary reports

• 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) 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

5) DUTIES AT THE TRIBUNAL HEARING

Different types of tribunals

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

6) HANDLING EXPERT WITNESS APPOINTMENTS

How do you get work?

What registers are there?

Which organisations should you join?

Agreeing your terms & conditions

How to charge and how to get paid

Professional Indemnity

The booking includes lunch, refreshments and access to speaker’s notes