European Marine Services Ltd. in their John Clabburn, MIIMS, YBDSA, Dipl.NA, QDR, AFA, Associate of The Academy of Experts (Marine Surveyor & Consultant), Member – IIMS The International Institute of Marine Surveying & YBDSA Yacht Designers & Surveyors Association – Are pleased to offer the following Expert Witness Services…
- Under Civil Procedure Rules (CPR) part 35 & Criminal Procedure Rules (CrPR) part 33
- Party Appointed Expert (PAE)
- Single Joint Expert (SJE)
- Expert Determination (Determiner) & Adviser
- ADR Alternative Dispute Resolution –
- Mediation Services ~ Register of Qualified Mediators # 320
Expert Witness
EMS are Accredited Expert Witness’s & CPR 35 compliant
Party Appointed Expert (PAE): This is the traditional type of Expert used. The PAE may assist his appointer in the preparation of the case. He will normally submit drafts of his report. He will have the benefit of conferences with counsel and meetings with the other side’s expert. The expert is appointed by only one of the parties
Single Joint Expert (SJE): The court has the ability to Order that evidence can only be given by a Single Joint Expert. The Order requires the parties to jointly appoint the SJE. He is not appointed by the Court. The expert is appointed and instructed by both of the parties involved in the dispute.
Expert Adviser: The Expert is appointed by one of the parties to advise them in the dispute – this type of Expert is not covered by the Civil Procedure Rules and does not have an overriding duty to the court. An Expert Adviser can also be appointed to assist the parties in the preparation of their case where an SJE has been appointed.
The PAE & SJE have identical duties in court
Both:
- Have an overriding duty to the court – Not to the client(s)
- Have an obligation to help the court
- Have to be impartial and independent
- Have duties to the parties who appointed them
- Are instructed by those who appoint them
- Expert paid equally by the clients who appoint him
Code of Practice / Training Expert Witness – Code of Practice complies with the requirements of EuroExpert (the Organisation for European Expert Associations) and as endorsed by The Master of the Rolls & The President of the Queen’s Bench Division
- CPR 35 Compliant
- Presenting Evidence
- Expert’s Declaration
- Model Form of Expert’s Report
We travel Any place at Any time and regularly undertake Expert Witness, Expert Determination & Mediation instructions and marine consultancy in Europe – instructions to date include Irish Republic, France, Italy, Germany, Croatia & Spain
Expert Determination
EMS are Accredited Expert Determiners
Expert Determination (ED) is a dispute resolution process (ADR) in which an independent expert in the subject matter of the dispute, is appointed by the parties to resolve the matter.
As the name suggests is is carried out by an expert in the subject matter rather than by a judge or lawyer
It is not Arbitration, Its is not Adjudication, It is not Conciliation, It is not Mediation, It is not Expert Evaluation
Is essentially a contractually based form of dispute resolution. Unlike some forms of dispute resolution it is not governed by statute nor are its origins found in other parts of the world
The expert’s decision is – by prior agreement of the parties – legally binding on the parties. Like all ADR processes it is entirely confidential. Expert determination is ideally suited to contractual matters, disputes and matters of valuation and / or which are primarily dependent on technical issues eg. does the vessel / work match the specification. Is the malfunction due to design or manufacturing fault.
Expert Determination can also be used in many other areas such as fitness for purpose, sale of goods disputes because of its flexibility.
Expert Determination is ideally suited to multi-party disputes
The Expert’s Determiner’s decision is legally binding. There is only a very limited basis to challenge the determination. It is therefore important that the parties select an expert with both relevant expertise and experience in addition to knowledge of the Determination process
The Academy of Experts standard set of Rules for Expert Determination (2023) being strongly recommended. Similarly you will need to agree the terms of the Expert’s appointment
Summary:
- Expert Determination provides Cost Efficient Resolution for disputes and problems
- Expert Determination is confidential and very private
- The parties control the procedures to be used
- The process is quick and a mutually acceptable timetable can be set by the parties
- Matters are determined by an Expert
- The outcome is final and (normally) binding , unless otherwise agreed in advance
- Expert Determination is controlled by the parties, not court or arbitration rules
- Expert Determination is inexpensive & quick
- Expert Determination Works
It is simply the law of contract. If two parties agree that the price of the vessel or contract or work done or repairs carried out etc etc, should be fixed by an expert determiner on whom they both agree, and he gives that valuation (decision) honestly and in good faith, the parties are bound by it
Expert Adviser
You may not need a full report – just some advice, expert opinion or guidance on a particular problem or assistance with such as a disputed account from a repairer or boat builder etc. You may need advice in support of threatened or proposed litigation – EMS can talk for you.
European Marine will provide verbal or written advice – no matter how small the issue The combination of our marine experience and exposure to both DIY and professional standards, combined with our training.
Qualifications and expertise makes European Marine ideal ‘Experts’ for providing Expert Witness Reports and Valuations. And acting as Expert Advisers and undertaking Economic – Alternative Dispute Resolution (ADR) & Mediation
Call us to discuss in more detail – All discussions are in the strictest confidence – and without any obligation
EMS are your marine surveyors for the Norfolk Broads, Suffolk, Essex, Cambridgeshire, Lincolnshire & East Anglia UK. We travel Any place at Any time and regularly accept Expert Witness, Expert Determination & Mediation instructions and marine consultancy in Europe – instructions include Irish Republic, France, Italy, Germany, Croatia & Spain
News
Visit our Marine Blog – Expert Witness section for latest updates, news and information
Nordhavn 55 / Qualifying Ship for VAT / HMRC Dispute (#00727-14)
HMRC have since stated “Once Mr Clabburn gave evidence they realistically accepted that they would not be able to counter his factual assertions effectively at the hearing.” They have gone on to add that his evidence was provided in a “firm and absolute manner”.
