Expert Witness Features – page 4

Textiles and Fraud

by JULIAN ELLIS OBE M.Phil C.Text FTI MRSC MAE, Chartered Textile Technologist

THE TWO TYPES of case described below indicate some of the wide range of cases that the textile technologist can deal with.

Counterfeit textiles are big business, because of the mark-up on some branded goods. When examining items in relation to counterfeiting prosecutions, the task is particularly difficult if there has been a delay between the seizure of the allegedly counterfeit goods by Trading Standards and the request for expert examination from the defence. The problem arises because countersamples from an impeccable source are much more difficult to obtain, as the season may have changed and identical goods are no longer available. Therefore examination must take place comparing similar goods.

Hey that’s my land!

by CARL CALVERT of Calvert Consulting

“HEY, THAT’S ON MY LAND!” “No, it’s not: I am only replacing that old hedge with a proper fence.”

And so, with both parties believing that they are in the right a boundary dispute is about to take off.

Of course, the ingredients may be a little different but the circumstances tend to be very similar. In any event there is a belief by one party at least – the other may be just ‘pushing his or her luck’ – that the boundary is well defined, that the definition on the ground is in accord with what they bought and have occupied for many years and that either there is no contrary evidence, or if there is, then it is inferior to their own evidence.

The chartered surveyor as an expert witness

by DEWI PRICE, Chartered Surveyor

UNTIL SOME 10 years ago it was common for Chartered Surveyors to arrive at a Court Hearing with very differing views. In matrimonial cases for example, one party would usually aim for a high valuation of the matrimonial home, and unsurprisingly the other (the buying) party would advocate a low valuation. Two valuers, with equally contrasting figures, usually put the Judge in some difficulty.

Since Lord Wolff’s report on ‘Access to Justice’ led to the Civil Procedure Rules, from 1999 the world has changed for expert witnesses who provide evidence on a wide range of matters and disciplines.

Expert Determination – is it ADR?

by CHRIS MAKIN

WHEN FRAMING THE Civil Procedure Rules, Lord Woolf had the clear intention of encouraging parties in dispute to go away and settle their differences, perhaps with the help of trained professionals.

We see this in CPR Part 1 – The Overriding Objective:
1.4(1) The court must further the overriding objective by actively managing cases.
1.4(2) Active case management includes:
(e) encouraging the parties to use an ADR procedure if the court considers that appropriate. and facilitating the use of such procedure...

When buy-outs turn sour because of the final figure

by DAVID BUNKER AS AN ACCOUNTANT, there are few commercial matters which are more disappointing than to see a management buy-out descend into a dispute between buyer and seller. After all, the transaction nearly always starts with the best of intentions; the existing owner is desirous to sell and is often anxious to see the management team which has helped to develop a business have the opportunity to take it on and profit directly from their hard endeavours.

The existence of a ready-made purchaser has other obvious benefits to the seller: certainty, the lack of selling agent costs and a saving in time among them. For those reasons the terms offered to the purchaser are often beneficial. Either the purchase price is discounted or the terms for payment of the price are extended.