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The Institute was founded in 1995 primarily to provide a forum for
members of baalpe who were working (or wishing to work) in
the legal field as expert witnesses instructed by solicitors. It
has served this purpose well, enabling colleagues to meet and share
their experiences in a wide range of cases of alleged negligence
involving physical activity where settlements and court judgements
have resulted.
The concept was the
brainchild of Peter Wright OBE. With his considerable experience in
the legal field, Peter could see the immense value that such a group
could bring to the work and to the professional development of
colleagues. The Institute has been very fortunate in having Peter
as founder President (1996 - 2001) and Geoff Edmondson OBE as
secretary, a voluntary service which Geoff has continued to the
present time to the highest of standards. The contribution of
Norman Eve as founder Chairman and current President should also be
noted.
Early
meetings/seminars were held in various venues, but the Institute
soon was fortunate in having the regular use of the Central Council
of Magistrates Courts Committees (CCMCC) offices in London. It was
a warm and welcoming venue and all 'creature comforts' were looked
after by office staff. Peter Wright OBE had been Chairman of CCMCC
and the contact was invaluable in enabling such excellent
provision. It is unfortunate that the recent demise of CCMCC as a
consequence of government action will necessitate a new venue from
2006.
Continuing
professional development (CPD) has been central to the work of the
Institute since its inception and the meeting of the group arranged
for February 2006 will celebrate the 21st seminar of this kind.
Provision has included in-house training for members with Bond Solon
Ltd, a national training provider with qualified barristers leading
courses and accreditation in topics which include 'excellence in
report writing', 'court room skills', 'cross examination' and 'the
single joint expert role'. Colleagues new to the Institute will
continue to benefit from such opportunities.
The Institute has,
through individual members committed in their duties to the courts,
been involved in many key and landmark trials in which a very high
success rate has been achieved. In one year alone, the involvement
of one of the Institute's members saw settlement and judgement
payments which approached close to one million pounds in total.
The
sharing of expert witness experiences by members has been invaluable
in providing the insight necessary to keep 'up to speed' with
current practice and in identifying accident trends. As a result of
knowledge gained in this way, invitations have from time to time
been extended to governing bodies for a representative official to
attend Institute meetings to discuss items of mutual interest and to
identify where accidents have occurred that have resulted in court
hearings.
The Institute has
often taken on tasks from baalpe and the Association's Safety
Committee and its work has influenced the baalpe publication
'Safe Practice in Physical Education and School Sport'. Members
also contributed to baalpe and Peter Whitlam's excellent
publication 'Case Law in Physical Education and School Sport: A
Guide to Good Practice', published in 2005. Peter, a former member
of the Institute, is to be congratulated on this innovative book,
with Institute members, solicitors and barristers at the forefront
of those recognising its relevance and value. All practitioners in
the field will benefit from this impressive tome which provides
comprehensive examples of physical education and sporting activities
in relation to the law and precedence, with clear implications for
good practice.
The Institute is
properly constituted and financially independent, with members
paying an annual membership fee which covers the charges that accrue
through the year. From this source, individual members have been
assisted financially with attendance at national conferences,
normally limited to just one event each year. A standard scale of
reasonable fees and charges on which expert witnesses may base their
work for instructing solicitors is laid down and from time to time
reviewed, ensuring that the professional services of members are
adequately rewarded at a level which has credibility with 'partner'
professions.
It would be fair to
claim that the Institute has given confidence to individuals,
provided 'mentoring' for new members and brought together vast
wisdom in the area of safety. All have 'moved on' with the Civil
Procedure Rules of 1999 and the standard of professional work
consistently provided is reflected in the standing and status with
which the Institute is regarded by those using its services.
Careful recruitment of members based on qualifications, reputation
and experience ensures the maintenance of high quality provision.
The Institute counts
notable baalpe officers amongst its numbers, namely four Past
Presidents, the immediate past and long serving Safety Officer and
the present Safety Officer. Two former members of the Institute,
Carole Raymond and Brian Blake, were outstanding in their report
production but their appointments to the role of HMI with OFSTED
prevented them from working as expert witnesses. Carole has become
a notable author with 'Safety across the Curriculum', as too has
Institute member John Severs with 'Risk Assessment in Primary School
Physical Education'. Both publications are in frequent use by
members to inform their report writing.
The Institute has of
late been joined by younger members with a resultant improved
balance by both gender and age. If you are interested in joining
now and in the new era, please contact Geoff Edmondson on email
Beacon6@aol.com or telephone 01395 263247. Alternatively you can
contact through the IEW at
instituteofexpertwitnesses@hotmail.com.
Written by Geoff
Edmondson OBE (Current Secretary and Founder Member) with additional
contributions from Peter Wright OBE and Norman Eve
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