Legal Reports & Expert Witness
SOMETIMES PROBLEMS ARISE WHICH HAVE TO BE DETERMINED AT LAW. SUCH MATTERS AS BOUNDARY DISPUTES, BUILDING DISPUTES, WORKMANSHIP STANDARDS, PARTY WALL MATTERS, PROFESSIONAL NEGLIGENCE – ALL SUCH ISSUES AT SOME TIME HAVE FORMED THE SUBJECT OF LEGAL ACTION. UNDER SUCH CIRCUMSTANCES IN THE FIRST INSTANCE, IT IS IMPORTANT TO HAVE CLEAR, OBJECTIVE PROFESSIONAL ADVICE TO ESTABLISH IF THERE IS A GOOD CASE TO PURSUE OR WHETHER YOU SHOULD CUT YOUR LOSSES AND WITH DRAW FROM FURTHER ACTIONS. IN THESE PRELIMINARY STAGES WE CAN PROVIDE ASSISTANCE TO INDIVIDUALS OR THEIR LEGAL REPRESENTATIVES IN THE CAPACITY OF “EXPERT ADVISORS”.
IF A MATTER ULTIMATELY HAS TO PROCEED TO COURT, THE COURT WILL IF NECESSARY, ALLOW EXPERT WITNESS EVIDENCE TO BE SUBMITTED IN SUPPORT OR DEFENCE OF A CASE. SOMETIMES THE JUDGE WILL REQUIRE THAT THE PARTIES TO THE ACTION APPOINT AND AGREE UPON A “SINGLE JOINT EXPERT WITNESS” TO LOOK INTO THE MATTER AND PREPARE A REPORT TO ASSIST THE JUDGE IN UNDERSTANDING THE COMPLEXITIES OF A CASE.
IN THIS SITUATION THE COST OF THE EXPERT WILL BE SHARED BETWEEN BOTH PARTIES HOW BOTH RECEIVE A COPY OF THE EXPERT’S REPORT. ON OTHER OCCASIONS THE COURT WILL ALLOW EACH PARTY TO APPOINT THEIR OWN “PARTY APPOINTED EXPERT WITNESS” TO INVESTIGATE AND REPORT UPON THE MATTER. IN THIS SCENARIO, EACH PARTY IS RESPONSIBLE FOR THEIR OWN EXPERT’S COSTS INITIALLY BUT MAY, IF JUDGEMENT IS FAVOURABLE, RECOVER THESE COSTS FROM THE OPPOSING PARTY ONCE THE CASE IS SETTLED.
IT SHOULD HOWEVER ALWAYS BE BORNE IN MIND THAT ANY PROFESSIONAL ACTING IN THE CAPACITY OF AN EXPERT WITNESS HAS AN OVER-RIDING PRIMARY DUTY TO REPORT FAIRLY AND OBJECTIVELY TO ASSIST THE JUDGE AND THE COURT, REGARDLESS OF WHOM HAS APPOINTED HIM/HER. IN OUR PRACTICE, TIM DAVIES HAS, USING HIS EXPERTISE AND EXPERIENCE, PRODUCED MANY EXPERT WITNESS REPORTS, AND WHERE NECESSARY PROVIDED EXPERT TESTIMONY IN COURT IN BOTH THE CAPACITY OF A SINGLE JOINT EXPERT AND THAT OF A PARTY APPOINTED EXPERT.
HAVING OBTAINED BOTH CERTIFICATES OF EXPERT WITNESS PRACTICE IN CIVIL AND CRIMINAL PRACTICE FROM CARDIFF UNIVERSITY, TIM IS ADEQUATELY EQUIPPED TO PROVIDE EXPERT OPINION AND REPORTING ON A RANGE OF PROPERTY/BUILDING RELATED DISPUTES.
IN HIS SPHERE OF EXPERT WITNESS WORK, TIM HAS RECENTLY COMPLETED 6 FULL DAYS OF EXPERT WITNESS TESTIMONY IN A £1.5 MILLION CRIMINAL PROSECUTION BROUGHT BY TRADING STANDARDS AND HEARD IN LEEDS CROWN COURT (NOVEMBER 2016). THIS INCLUDED 4 DAYS OF CROSS EXAMINATION BY 5 INDIVIDUAL DEFENCE BARRISTERS.
PROSECUTION LEAD COUNSEL REBECCA BROWN OF FOUNTAIN CHAMBERS SAID “TIM’S ABILITY TO COMMUNICATE DIFFICULT, TECHNICAL CONCEPTS, IN LAYMAN’S TERMS TO THE JUDGE AND JURY IN THIS PROTRACTED AND COMPLEX CASE, HAS BEEN INVALUABLE TO THE PROSECUTION:-
“TIM GAVE CLEAR, UNAMBIGUOUS AND OBJECTIVE TESTIMONY UNDER CROSS EXAMINATION BY FIVE SEPARATE DEFENCE BARRISTERS AND MAINTAINED A CONSISTENT APPROACH TO HIS EXPERT EVIDENCE”
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