Litigation

Litigation and Dispute Resolution

CGL has senior staff highly experienced in the design and construction of projects where geotechnical and geoenvironmental capabilities have been crucial for successful implementation.  Unfortunately the construction industry, from time to time, has to address questions of poor performance or professional negligence by parties to the contracts that bind the designer, the client and the contractor together.  Indeed, what a reasonably competent engineer is required to know and expected to do are questions regularly considered by our senior staff who provide expert opinion to instructing legal teams.

Nick Langdon CEng CEnv FICE, Ian Marychurch, MSc BSc CEng MICE CGeol FGS CMgr Dip IoD, Jo Strange CEng CEnv SiLC MICE and Andy O’Dea MSc BAI BA DIC MIES FGS have been instructed on many occasions by legal teams seeking to identify issues with a view to resolving specific disputes or preparing litigation.  As with all professional engineers, we prefer to see resolution through mediation or arbitration rather than litigation through the courts.

Of course, the overriding duty of any Expert Witness is to the court and experience in providing this principled and independent advice is essential to the success in dispute resolution and litigation.  It is always important to obtain an Expert’s impartial view before any costly hearing that may otherwise prove unsuccessful for the instructing client.  All our work is governed by the Civil Procedure Rules 2009.

Our senior people have:

  • a sound knowledge of their subject matter and practical experience in it,
  • the powers of analytical reasoning required to fulfil their instructions,
  • the ability to communicate findings and opinions clearly, concisely and in terms adapted to the forum in which the evidence is to be given,
  • the flexibility of mind to modify opinions in the light of fresh evidence or counter-arguments,
  • the ability to ‘think on their feet’, necessary in coping with cross-examination, and
  • a demeanour that is likely to inspire confidence, particularly in court appearances.

 
Senior staff at CGL have been instructed by legal teams from Hill Dickinson, Beale & Co, BLM, Dewey & Le Boeuf, Beachcroft LLP, Addleshaw Goddard and others, as well major house builders, other consultants and contractors and private individuals.

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