While there is some concern in the UK about the growth of expert evidence and concerns about the partisan nature of certain experts; at least we have recent clear guidance on the duties of witnesses of opinion. In the case commonly known as “The Ikarian Reefer” (1993) FSR 563, the judge used judicial commentary from previous cases to codify the duties of experts. This was to circumvent the frustration of being faced with such conflicting reports from the parties' own expert witnesses. The judge's comments included:

“Expert evidence should be, and should be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies of litigation”.

”Expert witnesses should provide independent assistance by way of objective, unbiased opinion in relation to matters within their expertise”.

”Expert witnesses should never assume the role of an advocate”.

”Expert witnesses should state the facts or assumptions upon which their opinion is based. They should not omit to consider material facts which could detract from the concluded opinion; and if an expert's opinion is not properly researched because it is considered that insufficient data is available, then this must be stated with an indication that the opinion is no more than a provisional one”.

The primary duty of the expert to give objective and unbiased opinion has been further reinforced in a recent construction case where the judge gave very little weight to one of the expert’s evidence.

Roger Gibson has received many appointments as an Expert on planning & programming matters, and has testified several times before Arbitration tribunals and in Court. This includes being the only planning Expert who testified in the ‘landmark’ case of Royal Brompton Hospital NHS Trust v Frederick A Hammond & Ors [2000] EWHC Technology 39.

His speciality is evaluating delay and extension of time claims, involving concurrent delays, mitigation and disruption, through detailed analysis of programmes and other documents. Use of critical path analysis techniques as appropriate. He has a proven ability to communicate complex issues through simple easily understood graphics, illustrations and exhibits; and the linkage to time related costs.

Other Expert Services

Expert Determination
Expert determination is a process in which an independent third party, acting as an expert rather than judge or arbitrator, is appointed to decide the dispute. There is no right of appeal and the expert's determination is final and binding on the parties.

Court/Tribunal Appointed Expert
An Expert is appointed by the Court or Tribunal to assist them on specific technical issues, such as the methodology to be adopted for a Delay Analysis and to review the process and results of the analysis carried out by the parties appointed Experts. The use of a Court/Tribunal appointed Expert is often beneficial in disputes involving extension of time and/or delay claims.

RELATED CASE STUDIES

Residential and Commercial Development
Major New Hospital

FURTHER INFORMATION & CONTACT

info@gibsonconsulting.co.uk

Gibson Consulting, 3 The Quadrant, Coventry CV1 2DY
Tel: +44 (0)24 7624 3607  Fax: +44 (0)24 7624 3608

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