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Topic Title: Expert witness reqd for case involving regs.
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Created On: 13 July 2017 05:25 PM
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 13 July 2017 05:25 PM
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Weegieloon

Posts: 5
Joined: 10 July 2017

Hello,
I appreciate this is probably an unusual request and a bit of a long shot at such short notice.
I'm trying to assist a former client and his solicitor to identify a potential "expert witness" who can give testimony in Aberdeen on the 2nd/3rd August in a case that centres around a contractor's failure to comply with the regs, which resulted in livestock deaths. The event was about 6 years ago. As a former electrician and control systems engineer I wrote a brief report at the time outlining the various failings I could see.
The matter has rumbled on between insurance companies and now looks like it will go to a hearing. I've been cited as a witness and I'm happy to attend if well enough, but have suggested an additional regs expert would be very helpful as I have not been working as an engineer for 5 or so years now (due to ill health). I'd otherwise be there giving technical testimony as "a former sparky" when I feel a regs expert and actively practicing engineer would add a great deal of weight to the case (assuming they agree with my own interpretation of the contractor's failings). Not to sound snooty, but my sense is that we require someone with qualifications or experience over and above electrician.
I'd rather not get into the technical details publicly but happy to go into this with anyone who may be able to attend and contribute. I understand expenses etc get covered.
Thanks in advance
Joe
 13 July 2017 05:45 PM
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Cremeegg

Posts: 666
Joined: 13 July 2007

I'd recommend John Peckham - never had any direct dealings but it sounds like it'd be up his street and from what I've heard and read he talks alot of sense. I'd leave it up to John to decide how conversant he is with any Scottish variations.

Sorry to anyone else I've missed out.
 13 July 2017 07:44 PM
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baldelectrician

Posts: 344
Joined: 11 June 2005

Give SELECT a call.
I know of a couple of employees at SELECT who are and have been expert witnesses

-------------------------
baldelectrician.com
 13 July 2017 07:51 PM
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Fm

Posts: 1661
Joined: 24 August 2011

Is it an hourly rate job, day rate job or a price job
 13 July 2017 09:38 PM
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alancapon

Posts: 6814
Joined: 27 December 2005

You could also try BOD, although I haven't seen him on here for a while. His username is perspicacious.

Regards,

Alan.
 13 July 2017 09:57 PM
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OMS

Posts: 22290
Joined: 23 March 2004

IT dramas I believe Alan - he's still around I spoke to him last week

OMS

-------------------------
Let the wind blow you, across a big floor.
 13 July 2017 10:48 PM
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Weegieloon

Posts: 5
Joined: 10 July 2017

Thanks for the leads and suggestions
 14 July 2017 08:56 AM
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lyledunn

Posts: 1094
Joined: 13 August 2003

I would bet my bottom dollar it won't go in to court. Barristers fees against livestock loss! Maybe a nice wee earner for just turning up and spending a pleasant afternoon wandering around Aberdeen.
Part of my business specialises in the aqusition of liquor licences. I have been on the witness stand on many occasions, not as an expert witness, but just presenting one aspect of proving the need for the licence. Every single time, my barrister asks me to tell the court what my qualifications are.
Being an expert without a bag of top notch academic qualifications is unlikely to get you much work on the expert witness programme!


-------------------------
Regards,

Lyle Dunn
 14 July 2017 09:02 AM
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Cremeegg

Posts: 666
Joined: 13 July 2007

Its usually a tactic used by the prosecution in trying to belittle a witness; show they have no written qualifications; ask about a dozen questions where the answer can only be "no". An inexperienced witness will answer "No" and be reduced to shreds. An experienced witness will give a different answer that forces the barrister to re-phrase their questions on the hoof. It's all one big game.
 14 July 2017 10:25 AM
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John Peckham

Posts: 8733
Joined: 23 April 2005

More than happy to go to Aberdeen but cannot do the 1st and 2nd August.

I have not given evidence in a Scottish court but it would be one to add to my list. Plenty of practice over the years in English magistrates courts, coroners court, county courts, crown court,employment tribunals all the way up to No. 2 court at the Old Bailey I would have been a real experience to go "up the steps" to the No. 1 court with all it's history.

If you are thinking about giving expert evidence you need to know your subject and court procedure and practice as different courts have different protocols and procedures. Standing in the witness box griping the rail can be a scary place, the first time I did it in a very old magistrates court my legs were shaking so a wedge them against the side of the box so much that the glass of water on a shelf in side the box was shaking. The old London stipendiary courts at Bow Street, Old Street and Marlborough Street were interesting places with the "stipes" taking no nonsense from anyone and dispensing swift and sure justice.

If you want to see the best drama you can for free, pop along to your nearest Crown Court and sit in the public gallery and watch a trial.

-------------------------
John Peckham

http://www.astutetechnicalservices.co.uk/
 15 July 2017 08:57 AM
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lyledunn

Posts: 1094
Joined: 13 August 2003

Originally posted by: John Peckham

If you want to see the best drama you can for free, pop along to your nearest Crown Court and sit in the public gallery and watch a trial.


Absolutely John! Licence applications are mostly heard in the Magistrates Court but there also a myriad of other types of cases. We often had to wait hours for our appearance. I always waited in the courtroom where I was regaled with everything from family and employment disputes to barristers trying to defend the indefensible on behalf of tracksuit-clad louts. Great stuff but very addictive!

-------------------------
Regards,

Lyle Dunn
 15 July 2017 09:08 AM
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Weegieloon

Posts: 5
Joined: 10 July 2017

Thanks,John.
Checked with the solicitor but apparently requires expert to be available on the 2nd/3rd.

Joe
 15 July 2017 09:10 AM
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Fm

Posts: 1661
Joined: 24 August 2011

Originally posted by: lyledunn

Originally posted by: John Peckham



If you want to see the best drama you can for free, pop along to your nearest Crown Court and sit in the public gallery and watch a trial.




Absolutely John! Licence applications are mostly heard in the Magistrates Court but there also a myriad of other types of cases. We often had to wait hours for our appearance. I always waited in the courtroom where I was regaled with everything from family and employment disputes to barristers trying to defend the indefensible on behalf of tracksuit-clad louts. Great stuff but very addictive!


Personally I would rather stay away from courts/collection point of louts. I see no need to mix with the undesirables of society
 17 July 2017 04:53 PM
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lesboard

Posts: 113
Joined: 17 January 2005

In England the court prefers a jointly appointed expert witness who will produce a written report. As they are jointly appointed they do not usually attend court. If a report is written for just the claimant or the defendant the author would have to attend court to give the other side the opportunity for cross examination. Without this any evidence could be given little weight or dismissed entirely. As, presumably, the physical situation on the ground has now changed no one else can carry out a similar inspection and any expert witness could only comment on the regulations in force at the time and how these appear to relate to your observations and any other contemporaneous reports to be included in the trial bundle.

Has the court given directions regarding expert evidence?
 17 July 2017 06:55 PM
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Zs

Posts: 3772
Joined: 20 July 2006

Originally posted by: Fm



Personally I would rather stay away from courts/collection point of louts. I see no need to mix with the undesirables of society


Not sure I agree entirely with that Fm...My sister took me to her club for four days a little while back. Little place called Skibo Castle with which I am sure you are familiar. The dining in the evening is a bit of a Hogwarts experience and all the guests/members sit together at long tables. As the invitee I was able to sit, wearing a Salvatori Armanaleggi dress you understand, and listen...Conversation of the stupidly rich Americans, English and Scottish also leans heavily in the direction of the lout - in my very humble guest opinion of course. There were one or three there who deserve to be in court. All good research for the novel though.

Weegieloon, I'm sad that you can't get JP for this but please let us know how it pans-out. It will be tricky because those who know a lot are not often great at speaking in public and you need both skills for this. I wish you luck.

Zs
 17 July 2017 09:09 PM
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Fm

Posts: 1661
Joined: 24 August 2011

Different class of lout.
I meet the Skibo Castle class of lout on a daily basis, and much prefer it to Jeremy Kyle variety
 18 July 2017 11:13 PM
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paulskyrme

Posts: 1278
Joined: 12 February 2003

Originally posted by: Weegieloon

Thanks,John.

Checked with the solicitor but apparently requires expert to be available on the 2nd/3rd.



Joe


Joe,
You have a PM.
 19 July 2017 09:37 AM
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Weegieloon

Posts: 5
Joined: 10 July 2017

Paul.
Got you pm, but for some reason I'm not permitted to pm back.
Can you pm me email or mobile.
Joe
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