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Expert Witness Training Course Programme The ... - RICS ASIA

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2010THEACADEMYOFEXPERTS<strong>The</strong> Academy of <strong>Expert</strong>s<strong>Expert</strong> <strong>Witness</strong> <strong>Training</strong><strong>Course</strong> <strong>Programme</strong>Hong Kong - Autumn 2010www.academy-experts.orgAcademyMember Ratesfor <strong>RICS</strong>Members


<strong>Course</strong> <strong>Programme</strong>To book on any of the courses shown here please use the registration form attached orsend an email to - reservations@aracs.co.uk.Details of these and other courses are available from www.academy-experts.org - pleasenote that these courses are also available as in-house or bespoke courses.Role & Responsibilities of the <strong>Expert</strong>17th November 2010q Who and what is an <strong>Expert</strong>q <strong>The</strong> role and duties of the <strong>Expert</strong>q Instructions and their implicationsq Terms of Engagementq Fact Finding, early evaluation and pretrialadviceq Code of Practice for <strong>Expert</strong>sq <strong>The</strong> <strong>Expert</strong> Report and Model Formq <strong>The</strong> Meeting of <strong>Expert</strong>s - proceduresand problemsq <strong>The</strong> <strong>Expert</strong> <strong>Witness</strong> tomorrowq First Steps into CourtThis course has been designed for those wishing to become <strong>Expert</strong>s and is also avaluable ‘refresher’ for the experienced <strong>Expert</strong>.<strong>The</strong> <strong>Expert</strong>’s Report18th November 2010q What the <strong>Expert</strong> needs to know anddo prior to writing the Reportq What Counsel expects from the<strong>Expert</strong>’s Reportq What your instructing solicitor fearsabout <strong>Expert</strong>’s Reportsq Errors and traps in the use of plainEnglishq Evaluating <strong>Expert</strong>s’ Reportsq Introduction to <strong>The</strong> JudicialCommittee’s Model Form of <strong>Expert</strong>Report<strong>The</strong> theory and practice of the art and science of Report Writing.<strong>The</strong> course is designed to help the Experienced <strong>Expert</strong> evaluate and upgrade hisreports and for the less experienced to establish the ‘right standard’AcademyMemberRates for<strong>RICS</strong> Memberswww.academy-experts.org


Going Into Court23rd November 2010q How and when to prepare for courtq Giving evidenceq Roles, duties and conflictsq How to make the best of any situationq Lawyers’ techniques and how to handlethemq How to introduce yourself and yourexpertiseq How to survive cross-examinationq Practical sessions and feedbackLearn how to ‘perform in the box’ and then do it!Suitable as both an introduction to the art of success and survival in court and as arefresher for the experienced.<strong>Expert</strong> Determination26th November 2010With the increasing use of <strong>Expert</strong> Determination there are new appointments awaitingthose who are prepared.Although experts instinctively feel that as experts they would have no problems withdetermination, the reality is rather different. <strong>The</strong>re are many pitfalls which need to beavoided and procedures and doctrines which must be followed.RulesIt is essential to undertake proper training prior to undertaking new instructions.This is a technical course which will deal with all you need to know to get started and runan <strong>Expert</strong> Determination.<strong>Course</strong> includes:q What is <strong>Expert</strong> Determinationq What are the differences between<strong>Expert</strong> Determination and Arbitration,Adjudication and Early NeutralEvaluation.q <strong>The</strong> processq Potential problems - areas and solutionsq <strong>The</strong> Determinationq How to write itq Giving Reasonsq Publishing the DeterminationAt the end of the course you should have a full understanding of the processes andapplications of <strong>Expert</strong> Determination. You should be knowledgeable enough to participatewith clients or lawyers to successfully complete a Determination.This course is one of the pre-qualifying requirements to gain entrance to <strong>The</strong> Academy’spanel of <strong>Expert</strong> Determiners.www.academy-experts.org


<strong>The</strong> Academy of <strong>Expert</strong>s<strong>The</strong> AcademyIn 1987 <strong>The</strong> Academy of <strong>Expert</strong>s wasfounded with the objective of providing,for the first time, a professional body forexperts to establish and promote highobjective standards.1997 saw the first stage in thedevelopment of agreed standards forexperts across the European Unionwith the signing of a Joint Declarationof Intent with the FNCEJ, the bodyrepresenting French <strong>Expert</strong>s. Sincethen Euro<strong>Expert</strong>, the European UnionOrganisation for <strong>Expert</strong> Associations hasbeen formed. <strong>The</strong> Academy of <strong>Expert</strong>srepresents the UK.<strong>The</strong> promotion of Cost Efficient DisputeResolution became increasinglyimportant to <strong>The</strong> Academy. It is nowa major force in the introduction anddevelopment of Alternative DisputeResolution (ADR) and has led to thedevelopment of the Faculty of Mediationand ADR.Although there is representation onthe Academy’s Council from the legalprofession the majority of the officers,including the Chairman, are practising<strong>Expert</strong>s - <strong>The</strong> Academy of <strong>Expert</strong>s is runby <strong>Expert</strong>s for <strong>Expert</strong>s and those usingthem.<strong>The</strong> Judicial Committee<strong>The</strong> Academy’s Judicial Committee ischaired by a Law Lord, and consists ofLords Justice of Appeal and other SeniorJudges from the United Kingdom anda Permanent Judge of the Hong KongCourt of Final Appeal.<strong>The</strong> Judicial Committee has beenresponsible for a number of importantdocuments and guidance notes forexperts.<strong>The</strong>se include:q <strong>The</strong> Model Form of <strong>Expert</strong>’s Report (ascommended by Rt Hon Lord Woolf)q Guidance Notes on <strong>The</strong> Meetings of<strong>Expert</strong>sq Guidance Notes on Contingency Feesfor <strong>Expert</strong>s.Accreditation of expertsAll applicants to <strong>The</strong> Academy whowish to become Accredited Practising<strong>Expert</strong> <strong>Witness</strong>es undergo a rigorousvetting procedure to ensure standards ofexcellence are maintained. <strong>The</strong> Academyhas introduced examinations as anadditional safeguard. This is the processwhich gives the officially recognisedfull accreditation as a Practising <strong>Expert</strong>.Those achieving it are awarded thedesignatory letters MAE. Ethical andprofessional standards are underlinedby Codes of Practice and enforced by adisciplinary committee.<strong>Training</strong> and development<strong>The</strong> Academy offers a comprehensiverange of training programmes to enablemembers to develop their expert skills,and undertake Continuous ProfessionalDevelopment activity. <strong>Course</strong>s range frombasic Role and Responsibilities through tothe requirements of Procedure Rules andthe practice of Giving Evidence.<strong>The</strong> Academy is also a training andaccreditation body for ADR Neutrals,including Mediators, Conciliators and<strong>Expert</strong> Determiners. It publishes andmaintains <strong>The</strong> Register of QualifiedDispute Resolvers and awards thedesignatory letters QDR to thoseachieving the approved standard.Standards are enforced in exactly thesame way as for experts.THEACADEMYOFEXPERTSwww.academy-experts.org


Range of services<strong>The</strong> Academy provides a full range ofservices to its members including:q Technical Helplineq Bespoke <strong>Training</strong>q Technical Meetingsq Magazine and regular newslettersq A detailed <strong>Expert</strong>’s Handbook forPractical Guidanceq A regular survey of expert’s feesq Regular meetings on matters of expertinterestq Social functionsWhy Train?<strong>The</strong> Academy provides a number ofservices which assist both Academymembers and the legal professionincluding:q <strong>Expert</strong>Search Finding and matchingthe right accredited expert to thecase.q Full training & accreditationof Commercial Mediators. <strong>The</strong>Academy awards the qualificationQDR (Qualified Dispute Resolver) tomembers on its register.q Mediator Appointment Service -Finding the right accredited mediator.q A class of membership open to thelegal profession to enable inputand involvement in the work anddevelopment of <strong>The</strong> Academy.<strong>Expert</strong> <strong>Witness</strong>es in the public and private sector are coming under increasing pressure:clients expect more, the media’s watchful eye finds more to reveal. Newspapers,professional journals and news programmes appear to find the exploits of <strong>Expert</strong>s to beirresistible. Increasingly judicial comment and individual criticism by judges is drawing anunwelcome spotlight onto the <strong>Expert</strong>.New constraints and standards with which <strong>Expert</strong>s have to comply are appearing inmany jurisdictions and more are promised. Being an <strong>Expert</strong> <strong>Witness</strong> requires more thanjust being an <strong>Expert</strong>. <strong>Expert</strong>ise is essential but learning how to use it in the legal arena isextremely important.Academy <strong>Training</strong> strikes the right balance and helps both the experienced expert andthe newcomer to learn how to ‘do it right’ in private before going into the public glare ofthe courtroom.Academy <strong>Training</strong> <strong>Course</strong>Academy <strong>Training</strong> <strong>Course</strong>www.academy-experts.org


<strong>The</strong> TutorsAll of the Academy’s courses are conducted under the supervision of a team ofexperienced Academy tutors. <strong>The</strong>ir disciplines are very different and this is one of thestrengths of this successful team. Included in the Academy’s team are:Michael CohenLL.B, FCIArb, FIBA, QDR, FAE, BarristerChairman Emeritus of <strong>The</strong> Academy of <strong>Expert</strong>sGuy CottamMichael Cohen is deeply involved in the world ofDispute Resolution. He is Director of <strong>The</strong> ADR CentreLondon, a Qualified Mediator, Chartered Arbitrator aswell as an Insurance <strong>Expert</strong>.As Chairman of <strong>The</strong> Academy of <strong>Expert</strong>s he wasresponsible for the professional standards and trainingof <strong>Expert</strong>s and Dispute Resolvers around the world. Heis very much involved in the various reforms effecting<strong>Expert</strong>s in diferent jurisdictions. He is a course directorand a regular tutor as well as being an establishedcontributor to professional journals and a frequentconference speaker. Like most of the tutors he has inexcess of ten years experience working in Hong Kong.BSCEng Ceng FICE FCIArb QDR MAE Chartered Civil EngineerPast Secretary and Deputy Chairman of <strong>The</strong> Academy of <strong>Expert</strong>sGuy Cottam was a director of an internationalcivil engineering contractor. He now specialises incontractual matters and Dispute Resolution. He has anin depth knowledge and understanding of ADR and inparticular mediation having been heavily involved inthe original preparation of the Academy’s mediationtraining courses.He is an active member of the Institution of CivilEngineers having served on council, been chairman ofthe Arbitration and the Conciliation and AdjudicationAdvisory Panels, and is currently chairmen of theAdvisory Panel on Legal Affairs, and SCOPCOL thecommittee which sets the examination in law andcontract procedure.He was responsible for creating the ICE <strong>Training</strong> <strong>Course</strong>sfor Adjudicators and Conciliators. He is a regular <strong>Course</strong>Tutor and Trainer for the Academy of <strong>Expert</strong>s the ICE,CIArb, CIOB, and TeCSA.He has extensive experience as a mediator mainly inconstruction and engineering disputes. <strong>The</strong>y includebridges, harbours, power stations and roadworks andhave values that go into millions.www.academy-experts.org


Stephen Magnus-HannafordMIFireE, MIFPO, QDR, FAEPast Chairman of <strong>The</strong> Academy of <strong>Expert</strong>sSteve Magnus-Hannaford served in the London FireBrigade for 15 years. He went into private practice in1988, firstly setting up the European division of anAmerican forensic investigation company. Since 1990he has been an independent fire forensic consultant.Phillippa RoweMA, FCII, Chartered Insurance Practitioner, FAE, QDRChairman of <strong>The</strong> Academy of <strong>Expert</strong>sMr Magnus-Hannaford is an experienced expertwitness. He tutors loss adjusters and insurancecompanies on building/vehicle fire investigationtechniques. He is also a registered mediator with <strong>The</strong>Academy of <strong>Expert</strong>s and tutors Alternative DisputeResolution, as well as <strong>Expert</strong> <strong>Witness</strong> topics.Phillippa Rowe has spent over thirty years workingin international insurance and reinsurance, workingprimarily in the areas of claims and contract wordingsnegotiation. She has in-depth dispute resolutionexperience and in addition to acting as an <strong>Expert</strong><strong>Witness</strong> she also acts as an arbitrator, mediator andexpert adviser. She has given evidence in severaljurisdictions.Phillippa is currently the Chairman of <strong>The</strong> Academy of<strong>Expert</strong>s [TAE] and was the first Dean of the Faculty ofMediation & ADR.She is an experienced tutor and teaches several TAEcourses as well as delivering in-house training andseminar lectures in the insurance market. She writesand speaks widely on insurance and reinsurance anddispute resolution subjects.Augustus Ullstein QCChairman of <strong>The</strong> Academy of <strong>Expert</strong>s’ Fellows Vetting CommitteeAugustus Ullstein was called to the Bar in 1970 andbecame a Queen’s Counsel in 1992. He is also amember of the Bar in Gibraltar.He is Chairman of the Fellows Vetting Committee of <strong>The</strong>Academy of <strong>Expert</strong>s and has a reputation for incisivecross-examination.His principal area of practice is professional negligencefor all professions, both for Plaintiffs and Defendants.www.academy-experts.org


<strong>Training</strong> <strong>Course</strong> Registration:Contact Details:Mr q Dr qMrs q Miss qForename _________________ Family Name_ _______________Position:Company:______________________________________________________________________________________<strong>The</strong> Academy of <strong>Expert</strong>s3 Gray’s Inn SquareLondon WC1R 5AHtel: +44 20 7430 0333fax: +852 3010 1269admin@academy-experts.orgAddress:__________________________________________<strong>The</strong> CostTelephone:____________________________________________________________________________________Rate A<strong>RICS</strong> MemberNon MemberHK$2,350HK$2,995Mobile:e-mail:____________________________________________________________________________________Rate B<strong>RICS</strong> MemberNon MemberHK$3,175HK$3,995PLEASE ENCLOSE A LIST OF ALL YOUR DELEGATES CLEARLYSHOWING WHICH COURSES THEY ARE ATTENDINGPlaces Date <strong>Course</strong> Rateq 17 Nov Role & Responsibilities Aqq18 Nov <strong>The</strong> <strong>Expert</strong>’s Report A23 Nov Going Into Court BRegistration&Payment1) Fax the form to:3010 12692) E-mail your details to:reservations@aracs.co.ukNotes:Payment should be made directly to ouraccount (see opposite):q26 Nov <strong>Expert</strong> Determination BVenuePayment Details:Please make your payment directly to our AccountI confirm that funds totalling HK$ _______ have been paid on ___/___/___ to:ARA Conference ServicesHong Kong Shanghai BankAll courses (unless otherwise shown)are held at the Hong Kong FootballClub, Happy Valley.<strong>Course</strong>s start at 9.15am and concludeat 4.45. Lunch, Refreshments and full<strong>Course</strong> Documentation are providedon the day.Cancellations1 Queens RoadCentral511393241-001Signed:Dated:If you are unable to attend on theday please do send someone in yourplace.If you are unable to find a replacementand wish to cancel please let us knowin writing not less than 5 workingdays before the event. In this eventan administrative charge of 50% willapply.ARA Conference ServicesEXPERT TRAINING FOR THE ACADEMY OF EXPERTSCancellations within 72 hours of anevent will not be reimbursed.

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