Wednesday, 28 January 2015

What is Dunbar and Boardman’s Expert Witness experience?

Dunbar & Boardman Engineers undertake Expert Witness, investigative and advisory assignments in a wide range of industry related areas including: Prosecution and Defence Expert in criminal prosecutions; Coroner’s Expert; Claimant, Defendant and Court Appointed Single Joint Expert in civil cases; Construction Contract Adjudication; Arbitration; Mediation; Expert Determination; and dispute resolution negotiations.

Particular areas of experience and expertise include:

• Equipment generated noise disputes
• Dilapidations and lease disputes under the Landlord & Tenant Act, Service Charge and maintenance contracts, including aspects of liability and quantum;
• Equipment design and regulatory, technical and Specification compliance assessment;

• Contract claims arising under Standard Forms of Contract and LEIA Terms of Contract;
• Lifts and Machinery Regulations compliance;
• Assessment of the suitability and sufficiency of risk assessments;
• Issues relating to the Management of Health and Safety at Work Regulations;
• LOLER and PUWER Regulations;
• Occupiers’ Liability Act.

Examples of recent appointments include:

Defence Expert, in a case described to be of national importance, relating to a fall from an escalator. The case involved the fall of a youth who was riding upon an escalator handrail. At first instance the Defendant was convicted of an alleged breach of the HSWA. The prosecution was dropped at retrial. The Dunbar & Boardman Engineer advised on matters relating to regulatory compliance under the Machinery Regulations, EN115 Standards, UK HSE Guidance and industry practice.

Defence Expert in a personal injury claim in the High Court. The case related to an alleged uncontrolled descent of a lift car which arose during emergency hand winding undertaken by the Defendant’s personnel. The Dunbar & Boardman Engineer established that the descent of the lift car did not arise as a result of the actions of the Defendant’s person el and that the speed of the descent was not excessive as was alleged. The claim was subsequently settled by way of negotiation. The Dunbar & Boardman Engineer advised on causation and equipment condition, together with matters of regulatory compliance, historical BS2655 Standards, LOLER and HSE Guidance.

Defendant Expert in a commercial case relating to a Retention of Title Clause and LEIA Terms and Conditions of Contract. The Defendant recovered a significant sum by way of counterclaim against a lift contractor. The Dunbar & Boardman Engineer advised on maintenance history, equipment condition and liability together with a detailed assessment of quantum and negotiations with the Claimant Expert.  

Court Appointed Single Joint Expert in a commercial dispute between a lift contractor and sub-contractor relating to fit out works to lift car interiors, including elements of liability at individual component level, and quantum. The Dunbar & Boardman Engineer provided advice in relation to compliance with the specifications and contracts, including component design and manufacture and a detailed assessment of quantum.

Client Expert in an investigation into an escalator step pile-up affecting a shopping centre escalator, which gave rise to significant damage and possible financial loss to the centre. The Dunbar & Boardman Engineer undertook a detailed inspection of the escalator equipment, an analysis of reports provided by other Experts, and advised on causation and equipment condition, together with matters of regulatory compliance.

Do you need Dunbar and Boardman to act as an Expert Witness? Dunbar and Boardman is the lift, escalator and access equipment consultancy. We would be happy to discuss any such requirements and how we may be able to assist with regard to Expert Witness. Give us a call on T +44 (0) 20 7739 5093 or send us an email via to start the conversation. We look forward to hearing from you.

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1 comment:

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