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Working with the IIMS head office I am hopeful we may see a return in representation of these groups at future conferences; so watch out. I personally am an active member of the activities with both Bond Solon as a training academy but also the Academy of Experts which give unrivalled support to their membership. Check them out! Hopefully recent discussions with the CEO will result in a regular contribution by the likes of Bond Solon to The Report Magazine which will contribute to raising more awareness and understanding in this somewhat turbulent and potentially lethal sector of our industry (and yes, if you are not properly tuned into the ways of the court and the CPR it could be lethal for your career)!


Moving forward I think the reputation of the marine surveyor is somewhat tarnished in the eyes of parallel industries and the IIMS is working toward the correction of this. There is lots to do on both a fee and professional training sense. The expert witness world is one where one poor performance can end your career in an instant. There are several examples which


can be given which include i) Arroyo & others V Equion Energia Ltd (2016) EHC 1699 where a class action was brought about in which the experts were criticised for making assumptions and trying to bolster the claimants case. Another example is provided in ii) Allen Todd Architecture Ltd V Capita Property & Infrastructure Ltd (2016) EWHC2171 where the confidence was lost in the appointed expert due to the delays and lack of communication; the claimant sought to change experts mid trial. There are several examples which show how fragile your reputation can be and the simple transition from marine surveyor into an expert witness is not as easy of some might think.


It would be interesting to complete an assessment of our membership to find out who our experts are and what qualifies them to be as such. I would pose the following questions to our would-be experts:


1. When did you last receive an update to the Civil Procedure Rules (specifically part 35 which relates to the appointment of expert witnesses)?


2. Is your knowledge of the requirements of the CPR and relevant parts enough to guide you through the process should you receive an appointment?


3. When was the last time you received training in courtroom skills and perception?


4. Do you know how to write an expert witness report, its legally required content and the formatting necessities required?


I would welcome any ‘experts’ within our membership that are keen to collaborate on the issues raised to contact me by email.


Lee Warltier (lee@sgsurvey.com) Director, Sterling Global Marine Limited


Key references: • Bond Solon 2018 Expert Witness Conference literature.


• Allen Todd Architecture Ltd V Capita Property & Infrastructure Ltd (2016) EWHC2171.


• Arroyo & others V Equion Energia Ltd (2016) EHC 1699.


The Report • March 2019 • Issue 87 | 49


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