June 29, 2017

Expert Witness Work: building a firm foundation

In all developed systems of law the evidence of expert witnesses can be crucial to the outcome of a dispute. Nowhere is this more so than in the UK, where expert evidence has been used in court cases since at least the 15th century. Nowadays it may be required in

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LIA Held Their Annual Luncheon in May

LIA, held their Annual Luncheon in May and during this event Peter Scott officially handed over the role of President of the LIA Council of Management to Dave Ribbons of Luton EA Ltd. Te LIA, or the Lighting Industry Academy. The former President Peter Scott, of Fern-Howard was thanked by

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Latest Issue
Issue 332 : Sept 2025

June 29, 2017

Expert Witness Work: building a firm foundation

In all developed systems of law the evidence of expert witnesses can be crucial to the outcome of a dispute. Nowhere is this more so than in the UK, where expert evidence has been used in court cases since at least the 15th century. Nowadays it may be required in civil, family and criminal proceedings, as well as in arbitrations, before specialist tribunals, and for public or parliamentary inquiries. Within the construction and engineering industries claims are commonplace, and expert witnesses play an important role in settling disputes and enabling projects to move forwards. The construction and engineering industries represent two significant sources of expert witness work, with claims centring on standards of workmanship, materials selection, costs, time delays, contract infringement, etc. The role of expert witness is a natural yet challenging extension to any consultant’s practice… so long as the necessary personal skills and knowledge of relevant legal processes are in place. If you are unsure about what’s required, contact the UK Register of Expert Witnesses for access to all the essential support and guidance for getting started as an expert witness or keeping up with the changes. Let’s take a look at what’s involved in tackling this specialist role. Experts and expert witnesses An expert is anyone with knowledge or experience of a particular field or discipline beyond that to be expected of a layman. An expert witness is an expert who makes this knowledge and experience available to a court to help it understand the issues of a case and thereby reach a sound and just decision. There is, currently, no precondition imposed by English law on the qualities required of an expert witness. It is for the courts, on a case by case basis, to make a judgment of the individual’s qualities and to weigh the expert’s evidence in accordance with this judgment. What is expert evidence? The fundamental characteristic of expert evidence is that it is opinion evidence. Good quality expert evidence must provide as much detail as is necessary to allow the judge to determine that the expert’s opinions are well founded. It follows, then, that it will often include: factual evidence obtained by the witness which requires expertise in its interpretation and presentation factual evidence which, while it may not require expertise for its comprehension, is inextricably linked to evidence that does explanations of technical terms or topics, as well as opinions based on facts adduced in the case. Duties of an expert witness The overriding duty of an expert witness is to the court – to be truthful as to fact, thorough in technical reasoning, honest as to opinion and complete in the coverage of relevant matters. This applies to written reports as much as to evidence given in court. At the same time, the expert assumes a responsibility to the client to exercise due care with regard to the investigations carried out and to provide opinion evidence that is soundly based. To fulfil these duties adequately, it is vital that the expert should also have: kept up to date with current thinking and developments in his or her field familiarity with the provisions of the various court rules1. Qualities required of an expert witness Expert evidence should be – and should be seen to be – independent, objective and unbiased. In particular, an expert witness must not be biased towards the party responsible for paying the bills. An expert’s evidence should be the same regardless of who is paying for it. Clearly, too, an expert witness should have: a sound knowledge of the subject matter in dispute, and, usually, practical experience of it the powers of analytical reasoning required to fulfil the assignment the ability to communicate findings and opinions clearly and concisely the flexibility of mind to modify opinions in the light of fresh evidence or counter-arguments the ability to ‘think on one’s feet’, especially important on those rare occasions one is faced with cross-examination, and a demeanour that is likely to inspire confidence, particularly in court appearances. Lastly, an expert should be wary of expressing any opinion on whether allegations of negligence on the part of anyone, professional or otherwise, who may be involved in a dispute have been proved. The opinions given should relate solely to the facts of the case: it is for others to apportion blame. Fees The fees experts charge are, in large part, market driven. However, fees charged in cases that are paid for from public funds are subject to Ministry of Justice (MoJ) caps (see Table 1)2. This means they are around half those charged habitually in civil cases. The UK Register of Expert Witnesses3 conducts a biannual survey on expert fees (next survey due summer 2017) amongst its members. Its current average hourly report writing rates for non-legal aid work (2015 data) in construction and engineering are shown in Table 1. Table 1 Hourly report writing fees (£) Professional group Report writing in civil claims (£/hour)a Suggested MoJ maximum rates for publicly funded cases (£/hour) Non-London London Engineering 142 (n = 51) 72 54.40 Surveying & Valuation 188 (n = 20) 85/40b 115/40b Architecture & Building 150 (n = 23) 79.20 72 aValues for n relate only to the 2015 fee survey conducted by the UK Register of Expert Witnesses3 (www.jspubs.com). MoJ figures have no value for n published. Indeed there is no clear indication as to how these figures were defined in the first place! bFirst value is for housing disrepair claims, second is for non-housing disrepair claims2. Conclusion Expert witness work can be a rewarding adjunct, both intellectually and financially, to an existing professional workload. However, anyone considering entering the fray should take care to understand the nature of the role and the expert’s duties and ethical considerations therein. For free access to lots of expert witness support and guidance, visit www.ukrew.org.uk and subscribe to the UK Register of Expert Witnesses’ free e-wire service. There are more than 100 issues to browse through, as well as monthly updates. About

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Two Senior Managers Appointed by an Independent Project and Cost Management

Two senior managers have been appointed by an independent project and cost management company. TowerEight has appointed the two new senior managers to their project management and cost consultancy departments. It has been announced that these two new appointments are two of six new recruits that have taken place at the project and cost managers business since the start of this year. The new appointments that have been taking place in are a part of TowerEight’s plans to expand and operate in a range of different sectors while also growing in order to carry out more work. The first of the two most recent appointments is Syed Maqbool who has been working for more than 20 years in the cost consultancy industry. Syed is joining TowerEight after previously working for Royal HaskoningDHV UK. In this previous position Syed was the Principal Quantity Surveyor. Syed Maqbool also has experience working as a part of the Real Estate, Infrastructure, Airport, Retail, Leisure, Renewable Energy, Waste to Energy and Marine Industries. The second appointment is Thomas Peters. In his previous position Thomas was a manger for Future54. Thomas has a wealth of experience in the residential, leisure and commercial sectors of the industry and has worked in the UK and in Europe while working for JLL, Davis Langdon and Gardiner & Theobald over the course of his career. Thomas Peters will be joining TowerEight as the cost manager. It is important to TowerEight to appoint new employees that have the right experience for their plans to diversify. The wealth of experience that both Syed and Thomas bring to TowerEight will make them assets to the company going forward. Thomas also has the experience of working with the founders of TowerEight at JLL and KHK. TowerEight are focusing on making sure that they have the right employees to give their clients the best experience and service throughout their operations. The experience of Syed and Thomas could also attract more recruits to the company, who currently has 85 team members working for the business across Construction project management and cost consultancy.

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Keyland Developments Ltd Has Submitted an Outline of Planning Application

Keyland Developments Ltd is the property training section of Kelda Group and its sister-company Yorkshire Water. The Development company has submitted an outline of planning application in order to regenerate the vacant 16 acre site that is in an ideal location in the Aire Valley of Leeds. The planning application has been submitted to Leeds City Council and the plans detail the creation of a 265,000 sq. ft. mixed-employment development that could have the see 500 new jobs created. The potential site to be developed by Keyland Developments Ltd is located just off Pontefract Lane on the trunk lane of the A63. The development site will be located between the Cross Green Industrial Estate and Leeds City Region Enterprise Zone. In this location there has been a range of new developments taking place. The location for the development will allow the inhabitants easy access via the M62 to Leeds City Centre. The proposal set out by Keyland is to create a brand new employment hub which can have access to the A63 East Leeds Link Road to Thornes Farm Roundabout. This new plan for development will hopefully complement the regeneration of the area that will assist the Leeds City Council as the try to increase their employment opportunities. The 265,000 sq. ft. B1,B2 and B8 industrial and commercial warehouse space on the plans have been allocated into 8 different units. If the plans are approved and the work goes ahead, the units will measure between 20,000 and 60,000 sq. ft. in order to reflect the space that is in demand in the market. The plans for the completed construction work is to make sure that the units and their inhabitants will have the best possible exposure to the A63. This key access will no doubt be a key selling point of the development when it is completed.

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LIA Held Their Annual Luncheon in May

LIA, held their Annual Luncheon in May and during this event Peter Scott officially handed over the role of President of the LIA Council of Management to Dave Ribbons of Luton EA Ltd. Te LIA, or the Lighting Industry Academy. The former President Peter Scott, of Fern-Howard was thanked by the new President on the LIA for all of the hard work he had put into the role throughout his tenure at the position. The LIA is an association and training academy that is considered to be the largest Trade Association in Europe, joined by a range of different lighting specialists and people operating in the lighting sector such as manufacturers, retailers, wholesalers and designers. The aim of the LIA is to make sure that a high standard of professionalism is upheld across the sector. This objective has been continued while Peter Scott acted as President of the LIA Council of Management and this will no doubt continue while Dave Ribbons occupies this position. The new President of the LIA Council of Management has been mentored by his predecessor before he started in the new role. Dave has been a central aspect of his LIA member company Luton EA since 2013 when her was appointed as the Director of Sales for Europe and Africa. In this position he has to lead and manage a diverse range of different team members. This experience with management will be an asset to him in his new role as President of the Trade Association. Dave has worked with R&D teams in order to develop technology for the future of lighting controls as well as working with Specification, OEM, Distribution and Residential CI channels. Dave Ribbons is a well regarded figure within the lighting industry and is also a graduate of the certification course now known as the LIA Certificate Course. Dave will hold all of the necessary characteristics to be a successful President and undoubtedly his time in this role will be as successful as his predecessors.

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New UK Head Office of British Sugar is Set to Begin Very Soon

The construction of the new UK head office of British Sugar is set to begin very soon. The headquarters is set to be built on a 4.5 acre site which is located in Hampton, Peterborough. The building, when finished will act as the UK head office for British Sugar , and will also accommodate global headquarters for AB Sugar and AB Mauri. The new building will have the space for around 350 employees and it is thought that the construction will lead to the installation of a range of state of the art facilities that will support the companies going forward. Involved in the construction project is CPMG Architects, who have designed the building with the intention of creating a space that emphasises workplace welfare. The contractor that has been appointed for this project has been revealed as Bowmer & Kirkland. The construction services and security company have been selected to carry out the purpose built commercial construction project that will hopefully combine formal and informal working spaces as well as a cafe area and indoor/outdoor working and social facilities. The design by CPMG Architects is considered timeless and classic and should meet the needs of the inhabitants. The building that has been designed plays on the simple concept of the white box, with nothing outlandish added so that the design still looks fresh in the future. The facilities inside the building will accommodate the requirement of British Sugar now and in the years to come. For those that are going to be working in the building, natural daylight has been considered with key importance in the design as well as the well being of employees in order to keep the levels of productivity up. The building also accommodates energy efficiency with the size and position of the windows selected in order to make sure the lowest levels of artificial lighting is required. There will also be PV roof panes in order to allow the building to generate solar power and a high thermal mass construction system used with bris soleil in order to regulate the temperature of the building efficiently.

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