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Name : Roland Foster & Associates
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Email : Contact
  Greater London
    England
Telephone : 07768 045 221
CV / Brochure : Download PDF Formatted CV
 
 

Expert Witness
Roland Foster has previously acted as an expert witness on construction related quantum issues (in claims £20k to £3.5m) and recognises the overriding duties of an expert to the courts or a tribunal. Roland Foster has experience of residential, commercial, social housing, medical/hospitals, listed buildings and varrious specialist trades. He has over 25 years of construction experience in both contracting and consultancy

Insight
Expert witnesses have to recognise their duties to the court or tribunal and need to provide evidence and analysis which will assist the court or tribunal in reaching the correct conclusion. There have been many reported cases where experts have been criticised for failing to appreciate their role and their responsibility, and in the current post Civil Procedure Rules an expert needs to be familiar with both the pre 1999 case law as well as the Civil Procedure Rules themselves. An expert needs to ensure that his instructions are clear and relevant to the dispute and therefore that as a result the final report will assist in the tribunal reaching the correct outcome.  Where an expert finds his instructions are incomplete or cause conflict an expert needs to seek clarity from those instructing him or alternatively from the court where appropriate. It is therefore essential that the expert is familiar with court proceedings and able to seek directions where necessary. Whilst an expert is normally appointed by one party upon their instructions; the duty of the expert is to the court or tribunal and this overrides any obligation to the instructing party.A well presented and thoroughly research report will greatly assist in the case management and assist the court or tribunal in dealing with cases proportionately, expeditiously and fairly. Further an expert needs to be both robust in his opinions however must be equally capable of reviewing the report where new facts have come to light and impact upon the report. A well presented and fully research report will assist greatly in negotiations and will have a significant impact upon the probability of an early settlement.

 

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