Giving Evidence in a Judicial Environment - Virtual Seminars
Do you Think Giving Evidence is Easy?
This event is hugely relevant to anyone who appears in any judicial environment. It is running as two virtual sessions - book to attend an individual session on the dates below.
|2 November 2021||Virtual Conference - Session 1||£70||BOOK|
|11 January 2022||Virtual Conference - Session 2||£70||BOOK|
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
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
- Colin Hunter, Divisional Director – Rating, Lambert Smith Hampton
- Jon Bestow IRRV (Hons), Registrar & Chief Clerk, Valuation Tribunal for England
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
- 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  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?
- 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
SESSION 2 - TUESDAY 11 JANUARY 2022
The Burden and Standard of Proof, Admissibility and Weight
Welcome & Introduction from the Conference Chair - Gary Garland
- 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