INSTITUTE OF
EXPERT WITNESSES (IEW)
(Founded by
BAALPE, 1996)
The Institute was
founded in 1996 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, play, leisure, recreation, armed service training, 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
Normal Eve as founder Chairman and Past 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 was unfortunate about the recent
demise of CCMCC as a consequence of government action
necessitating a new venue, now found at the Salvation Army UK
Headquarters.
Continuing
Professional Development (CPD) has ben central to the work of the
Institute since its inception and the meeting of the group on 5
May 2009 celebrated the 28th Seminar of his 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
and one has graduated from the new course at the University of
Cardiff.
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 four 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 reverse has also take place too, where a
member of our Institute has been invited to talk to specialist
APIL groups.
The Institute often
took on tasks from baalpe and the Association's Safety Committee
and its work influenced the baalpe publication 'Safe Practice in
Physical Education and School Sport' for many years. 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 text 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 contributed to the 2009 edition of Safe Practice in
Physical Education and School Sport, orchestrated and managed by
two former experts, Glen Beaumont and Peter Whitlam.
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 and minimum 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. Mentoring is a prominent feature and cluster groups
meet regionally.
The Institute
orchestrates a speedy 'clearing house' to match the expertise of
an expert to the needs of a potential instructing Solicitor. The
average speed is within 24 hours but has been achieved recently in
three minutes!!
The Institute
counts notable baalpe officers amongst its numbers, namely four
Past Presidents, the immediate past and long serving Safety
Officer and the present apfe 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 on 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 and more generic play and
education consultants, 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. The web site can be found at
www.instituteofexpertwitnesses.com.
Written by Geoff
Edmondson OBE (Current Secretary and Founder Member) with
additional contributions from Peter Wright OBE, Norman Eve and Dr
Steve Lloyd.
May 2009
