Giving Evidence in a Judicial Environment
Do you Think Giving Evidence is Easy?
You may be a frequent flyer or a novice, but never ever be
ill prepared before entering a judicial environment. It only takes one
flippant remark, a comment without suitable foundations, or one biased statement
and at best you will be digging yourself and your evidence out of the quick
sand. At worst you could leave the witness box with your reputation and
expert witness career in tatters. The same is true of written
evidence.
| Start Date | Venue | Price | |
|---|---|---|---|
| 2 November 2021 | 2 Virtual Seminars |
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
Giving Evidence in a Judicial Environment, will be taking place on the following dates:
Download and print your full course brochure here
not available
CPT has run events focusing on giving evidence in a judicial environment for many years. This year there are a number of compelling subject areas for us to address. This event will focus on how do you get your message across when giving evidence; whether in court, in written evidence or even arbitration rather than focusing on procedures or on the Expert Witness rules. The event is divided into 2 parts;
- Being an Effective Expert Witness
- The Burden and Standard of Proof, Admissibility and Weight
Speakers Confirmed to Date
- Mark Higgin BSc (Hons) FRICS FIRRV, Member, The Upper Tribunal (Lands Chamber)
- Edward Gardner, Associate, Bryan Cave Leighton Paisner LLP
- Blake Penfold BSc FRICS MCIArb, Business Rates Consultant, Blake Penfold Consultancy
- Colin Smith, Senior Director, CBRE Ltd
- Rebecca Clutten, Barrister, Francis Taylor Building
- Gary Garland, President of the Valuation Tribunal for England
- Barry Denyer-Green Hon RICS LLM PhD, Barrister, Falcon Chambers
- Colin Cottage BSc (Hons) MRICS RICS Registered Valuer, Managing Director - Compensation, Ardent Management
- Colin Hunter, Divisional Director – Rating, CHExpertise Ltd
- Jon Bestow IRRV (Hons), Registrar & Chief Clerk, Valuation Tribunal for England
Programme
SESSION 1 - TUESDAY 2 NOVEMBER 2021
Being an Effective Expert Witness
Welcome & Introduction from the Conference Chair - Mark Higgin
The Valuer and the Role of the Expert Witness - Edward Gardner
- Picking the right expert
- How much can the team guide the witness without stepping into coaching territory?
- Assisting and managing an inexperienced witness
A Lamb brought for Slaughter? The View of the Expert - Colin Smith and Blake Penfold
- When to prepare for your case?
- Key things to do when your work gets bogged down and you think it may end up before the court
- Instruct early and take advice
- Handing on the file to the expert
Making Sure your Case is Robust - An Advocate's Viewpoint - Rebecca Clutten
- Expert -v- Advocacy: know which hat you are wearing
- Fee structures - don't be trapped and compromised by fee structures - Gardiner and Theobald -v- Jackson (VO) UKUT 253 (LC)
- Making the most of expert discussions
- The impact on Liverpool Victoria Insurance Co Ltd v Zafar [2019] EWCA Civ 392 and making deliberate or reckless false statements
- Getting your expert report right
- Make every effort to assist the court and never be less than transparent
- The Electronic filing regime - dealing with sensitive and confidential material that will be presented to the court. How to avoid it falling into the public domain. How easy is it to refer to such documents?
- What is going on in the advocate’s mind? What is their strategy? What tools do they employ in cross examination?
Knowing When to Stop Digging - Edward Gardner
- There may come a time when you realise it would be better to settle rather than to let the case run
- Whose decision?
- How do you go about stepping back?
- Can this be a ploy all along, to get the best deal?
- Are there consequences of doing so?
- Is there a hybrid option where both sides subsequently agree on certain points and can not agree on others?
- How would the court react?
Creating the Right Impression (and when not to) - Colin Smith and Blake Penfold
- Can you really sell yourself before you step into the court?
- Dealing with pre court hearings
- Saying the right things in your statement of case and agreed facts
- Clear, sufficiently detailed documents in the work file
- How to present yourself in Court and how to hold it together when being cross examination
Panel Discussion
SESSION 2 - TUESDAY 11 JANUARY 2022
The Burden and Standard of Proof, Admissibility and Weight
Welcome & Introduction from the Conference Chair - Gary Garland
Panel: Barry Denyer-Green, Colin Cottage, Colin Hunter and Jon Bestow
- What is meant by the burden of proof? Including the legal and evidential burdens
- How do we compare the burden and the standard of proof?
- How significant are they, and in what types of cases?
- When is an expert concerned with these concepts?
- How should the rating surveyor advocate deal with proof in a case about rateability?
- What about rating valuation cases?
- What facts have to be proved in CPO cases?
- What about compensation in telecoms cases?
- What evidence is admissible?
- What weight is given to evidence and how does the expert influence that assessment?
A View from the Bench
A View from the Advocates
The Expert Witness Viewpoint: CPO, Rating and Telecom Cases
The Solicitors' View
Panel Discussion