Expert Witness

 

EXPERT WITNESS

Such is the nature of professional Gardening and Garden Construction works in particular, there is often a wide gulf between the expectations of a client and the actual work produced. More often than not, this discrepancy arises from the lack of comprehensive documentation or detailed contract paperwork, and minor disputes can escalate into full Court cases costing thousands of pounds.

This is the background of the majority of cases which require the services of a Third Party or Expert Witness. In many cases, the problem may not be resolved by the party’s involved, and they agree to call in an independent specialist consultant. In such cases, both parties agree to abide by the decisions and report of their mutually accepted expert, and the matter resolved without further ado.

Unfortunately however, on some occasions, the dispute has escalated and the case duly arrives at Court, and the Judge will instruct both sides to appoint an independent expert witness to advise on the case. These individuals (or firms) may be listed by the Court, solicitors or lawyers, and via other resources e.g. British Association of Landscape Industries or The Association of Professional Landscapers (neither body will undertake legal work, but will recommend Expert Witnesses to litigants)

The Expert Witness will agree terms of engagement, and the Court will accept the findings of the appointed Expert.

Alan has been carrying out Court Work as an independent Expert Witness for over twenty years. In the world of Landscaping and Garden Construction, there are relatively few professional experts willing to handle disputes, and the majority of referrals come from solicitors or via other Experts who are not willing to undertake Court work.

Alan’s expertise is in the field of construction and contracts, and in common with other experts, he has a range of Specialists with whom to consult regarding more complex issues. For example, in the event of a dispute arising over soil quality, or suitability of particular hard landscape product, and a scientific report was required by the Court, this would be arranged and included as part of the Expert Witness project documentation and presented by Alan in his expert’s report without involving the additional costs of requiring the specialist company to attend Court.

A firm believer in arbitration, not legislation, if the case is dealt with in the early stages before entering the Court system, matters may be resolved quickly, simply and without undue expense. Alan’s background and established, detailed knowledge of the Landscaping industry is well known, and disputes usually settled without acrimony once an initial report is produced and presented.

RATES will vary from case to case, but the initial consultation is carried out without charge or obligation. There are no expenses or disbursements, as without knowledge of the dispute, no estimate may be given.

Once agreed, the DAY RATE of £350.00 per day or £200.00 per half day (no VAT) will apply, and a figure arrived at regarding the likely time spent on the case. This estimate will cover only one site visit and examination of the relevant documentation, which will depend on the complexity of the scheme. This estimated cost will be divided into two, with each party issued with a Pro-Forma invoice for 50% of the total. Once both invoices have been paid in full, and both parties agree to accept the findings of the report, a date is set for the next stage of the process.

(Please note that, due to the nature of the work, all expert witness commissions are carried out in the name of Alan Sargent Consultancy Ltd)

  

Expert Witness

 Designed by Alan Sargent